Court No. - 68
Case :- APPLICATION U/S 482 No. - 16287 of 2019 Applicant :- Brahm Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Rajesh Rai Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 Cr.P.C. has been filed for quashing of the order dated 31.01.2019 passed by Additional Civil Judge, Court No.4, Ghaziabad in complaint case no. 5 of 2012 (Brahm Singh Vs. Rajendra and others) under sections 420, 467, 468, 471, 193 and 120-B I.P.C., P.S. Kavi Nagar, District Ghaziabad.
Learned counsel for the applicant submits that the impugned order dated 31.01.2019 passed by Additional Civil Judge (Senior Division), Court No.4, Ghaziabad dismissed the complaint without appreciating the entirety of the facts and circumstances of the case. The order passed by the court concerned is illegal, arbitrary, dehors the rules, which deserves to be set aside and quashed. He further submitted that fraud has been committed by opposite party nos. 2 to 5. He further submitted that opposite party nos. 2 to 5 have also instituted original suit no. 968 of 2000 against the applicant and his brothers for permanent injunction restraining them from interfering in peaceful possession over the land in dispute. Subsequently, the said suit was got dismissed in default on 21.9.2011. It is also submitted that the impugned order passed by the Civil Judge (Senior Division) is illegal, arbitrary and contrary to law established by the Apex Court.
Per contra learned Additional Government Advocate appearing on behalf of the State-respondent vehemently opposed the contentions raised on behalf of the applicant and submitted that the impugned order has been passed after considering each and every aspect of the matter, which does not call for interference by this Court. He further pointed out that from the finding recorded by the court below at page-22, it is crystal clear that the impugned order has been passed after perusing the material, evidences as well as other relevant documents available on record that there is no material on record that any offence punishable under sections 420, 467, 468, 471, 193, 120-B IPC is made out. The impugned order passed by the court below is fully justified under law.
I have heard the arguments of the parties and perused the material available on record.
The language of section 195(1) of the Code of Criminal Procedure does not leave scope for any ambiguity and in the section which has to be construed strictly in accordance with the settled principles of interpretation applicable to criminal jurisprudence, the provisions of Cr.P.C. have to be strictly construed so as to be given meaning except what is intended by the legislation in the language used itself. The relevant portion of section is that " No court shall take cognizance except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate".
In the instant case, Sub Registrar, Modi Nagar has not made any written complaint. The court below after considering entire material on record passed a detailed order and rejected the application.
In view of above, I do not find any substantial ground or reason to interfere with the impugned order. The application being devoid of merit is dismissed.
Order Date :- 25.4.2019 Prajapati [Chandra Dhari Singh, J.]