Court No. - 50
Case :- APPLICATION U/S 482 No. - 29570 of 2018 Applicant :- Ajit Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 25.07.2017 passed by ACJM-II, Kanpur Nagar as well as entire proceedings in Complaint Case No. 1507 of 2017 (Smt. Munni Kumar vs. Ajit Kumar and others), under section 406 I.P.C., Police Station Kalyanpur, District Kanpur Nagar pending before Additional Chief Judicial Magistrate-II, Kanpur Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He referred to certain evidence in support of his contention.
From the perusal of the material on record and looking into the facts of the case it is clear that in complaint case after adopting the procedure prescribed under Chapter XV of Cr.P.C. and finding prima facie case, the learned Magistrate taking cognizance has issue process against three accused and at this stage it cannot be said that no offence is made out against the applicant who is husband of opposite party no. 2. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para- 10) 2005 SCC (Cr.) 283.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show any illegality or irregularity in impugned order or that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is accordingly dismissed.
However, if the applicants appear before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
Order Date :- 5.9.2018 /Bhanu