In an application under Section 482 Cr.P.C. challenging a summoning order, the Court held that it cannot examine facts or evidence at this stage. Finding no abuse of process, the inherent powers were not exercised to quash the order.
Application under Section 482 Cr.P.C. dismissed as of no merit.
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C 482 No. 1391 of 2015
Hon’ble Alok Singh, J.
None appears on behalf of the petitioners. Mr. B.S. Thind, Brief Holder for the State of Uttarakhand/ respondent no. 1.
Respondent no. 2 filed a criminal complaint no. 457 of 2014 in the court of Chief Judicial Magistrate, Rudraprayag against applicants with the allegations that family of the applicants is inimical with family of respondent no. 2. Applicant no. 6 Masanti Devi contested the election for the post of Gram Pradhan and lost the said election. Due to this, firstly applicants abused the villagers, then abused and assaulted respondent no. 2 and his family. Again on 21.08.2014, applicants came to respondent no. 2’s house, hurled abuses and threatened for dire consequences. On the complaint, learned Magistrate issued summons to the applicants. Applicants challenged the summoning order in revision before Sessions Judge. Revision was dismissed. Feeling aggrieved, applicants approached this Court.
Applicants have challenged the order on the ground that on the date of incident applicant no. 2 was not at home; applicant no. 2 has lodged a complaint against respondent no. 2 for stealing of pipelines, therefore, in order to take revenge, present complaint was filed; no independent witness was examined in the complaint; PW1 Subhaga Devi and PW2 Rukam Lal are relatives of respondent no. 2 and their statements do not inspire confidence.
This Court cannot examine the facts, evidence and materials on record to determine whether there is sufficient material on the basis of which summoning order was issued. Applicants can raise all these pleas during the court of trial. It is a well settled law that the inherent powers of this Court under Section 482 Cr.P.C. should be exercised sparingly, carefully and with caution. In the instant case, I do not find any abuse of process of Court.
Application under Section 482 Cr.P.C. has no merit and is hereby dismissed.
(Alok Singh, J.) 22.11.2019
SKS
1 issue framed by the court
Whether the summoning order issued against applicants challenged in revision merit quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Applicants
State of Uttarakhand
Respondent no. 2
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
