Court No. - 87
Case :- APPLICATION U/S 482 No. - 46703 of 2019
Applicant :- Balvinder Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 23.10.2019 in complaint Case No. 2389 of 2019 (Smt. Alka Pandey Vs. Balvinder Singh and Others), under Sections- 420, 406, 323, 504 IPC Police Station- Khutar, District- Shahjahanpur, pending in the court of Judicial Magistrate, Powayan, Shahjahanpur.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to some earlier civil dispute. Learned counsel further submits that no cognizable offence is made out against the applicants and the whole proceeding is nothing but abuse process of law.
Learned A.G.A. has vehemently opposed and submits that sufficient material and evidence is available on record to prove the cognizable offence.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, Sav. Kamal Shivaji Pokemaker Vs. State of Maharashtra AIR (2019) SC 847 after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
It reflect from the record that the the specific allegations have been made against the applicants that applicant had given a cheque of Rs. 17,50,000/-, to O.P. No. 2, which was dishonoured by the concerned Bank and when O.P. No.2 filed a complaint in respect of dishonouring of cheque, the matter was compromised between the parties and it was agreed by the applicant that the applicant will repay the said amount but they had not repay the same. It has also alleged in the complaint that on 10.09.2019 the applicants trespassed into the house of O.P. No.2, assaulted her and threaten her to life.
From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage that no offence is made out against the applicants. All the submissions made by the learned counsel for the applicants relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the entire proceedings is refused.
However, as prayed at this stage, if applicants appear or surrender before the Court concerned within 30 days from today and apply for bail in the aforesaid case, their prayer shall be considered as expeditiously as possible by the Court below in accordance with law.
With the aforesaid direction/observation, the instant application is disposed off.
Order Date :- 17.12.2019 S.K.