Application under Section 482 CrPC sought quashing of a summoning order and proceedings in a complaint case alleging molestation and assault, said to be a counter-blast to a property dispute. The court refused to interfere but allowed the applicant to seek discharge within 30 days and protected him from coercive action meanwhile.
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Neutral Citation No. - 2024:AHC:141056
Court No. - 82
Case :- APPLICATION U/S 482 No. - 25462 of 2024
Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
The present application u/s 482 Cr.P.C. has been moved by the applicant with a prayer to quash the summoning order dated 15.03.2023 passed by learned A.C.J.M. court no. 4th Agra as well as entire criminal proceedings of Complaint Case No. 270 of 2021 (Smt Poonam Vs. Ajay Kumar and others) under Section 354A, 323, 504, 506 I.P.C. as well as order dated 11.07.2024 passed by learned Additional Sessions Judge Court No. 23rd Agra in Criminal Revision No. 296 of 2024 pending before the learned Additional Chief Judicial Magistrate Court no. 4th Agra and further prayed to stay the aforesaid impugned summoning order.
It is submitted by learned counsel for the applicant that in this case a complaint was filed with false allegations for committing maarpeet and molestation with the complainant by the applicant. It is further submitted that there was dispute of immovable property between the parties in which the applicant sustained injuries and in counter-blast present complaint has been filed. It is also submitted that the medical examination report was procured by the complainant from a private doctor and all the injuries are fabricated and self inflicted. Learned court concerned did not consider the material on record to pass the summoning order dated 15.03.2023 without assigning any reason for his satisfaction about conclusion that prima facie case is made out. It is also submitted that against the summoning order a criminal revision was filed before the learned Sessions court which was also dismissed without considering the facts of the case, therefore, request to quash the entire proceedings of the case including the summoning order as well as the order passed by the learned Sessions court. Learned counsel for the applicant relied his argument in the case of Lalankumar Singh Vs The State of Maharashtra in Criminal
Appeal No. 1757 of 2022 [Arising out of SLP (Crl.) No. 8882 of 2015] .
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the learned court concerned has passed the order on the basis of material on record. At the stage of passing the summoning order no detailed order is required. Only satisfaction of the court about prima facie case is to be recorded and that is based on the material on record. The learned revisional court also passed the order after considering all the facts of the case in detail. It is also contended that the applicant may have an option to move for discharge before the learned court at the appropriate stage.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the orders passed by the learned trial court as well as the learned revisional court there appears no ground to grant any indulgence in favour of the applicant at this stage, as a result, prayer for quashing the entire proceedings of the case is hereby refused. Further, applicants may have an option to move an application for discharge through counsel before the learned trial court within a period of 30 days from today which shall be heard and decided in accordance with law on the basis of material on record.
Till the disposal of discharge application if filed within aforesaid time no coercive action shall be taken against the applicant.
Accordingly, this application stands disposed of finally.
Order Date :- 31.8.2024
Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Should the summoning order and criminal proceedings under Sections 354A, 323, 504, 506 IPC be quashed as a counter-blast complaint with fabricated injuries?
Was the summoning order validly passed without detailed reasons at the cognisance stage?
Colour shows how this judgement treated each authority
Lalankumar Singh Vs The State of MaharashtraRelied on¶8
Lalankumar Singh Vs The State of Maharashtra in Criminal Appeal No. 1757 of 2022 [Arising out of SLP (Crl.) No. 8882 of 2015]
5 provisions across 2 enactments
Ajay Kumar
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
