Court No. - 54
Case :- APPLICATION U/S 482 No. - 21810 of 2019 Applicant :- Smt Chaman Begum And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sabha Shankar Yadava,Pramil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants and the learned AGA and have taken through the record.
By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the proceedings initiated pursuant to the summoning order dated 30.7.2016 issued by the learned Chief Judicial Magistrate, Moradabad under Sections 406, 504 and 506 I.P.C. and the consequential bailable warrant order issued in case No. 3825 of 2016, under Sections 406, 504 and 506 IPC, Police Station Civil Lines, district Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No. V, Moradabad.
It is submitted by the learned counsel for the applicants that the applicants are maliciously being prosecuted in the present case on the basis of false allegations made in the first information report. The investigation has also been done in very pedantic and flimsy manner which has culminated into charge sheet and the court below has taken cognizance. There is no evidence against the applicants connecting their complicity with the said offence. The prosecution of the applicants on the basis of false allegations is nothing but sheer abuse of process of law. The applicants had been appearing before the court below regularly but due to unavoidable circumstances,they could not appear and the learned Chief Judicial Magistrate, Moradabad issued the bailable warrant against the applicants. The applicants have been facing untold hardship and privation on account of tyrannous activities of the police personnel hence the interest of the applicants may be protected.
Per contra learned AGA contended that the investigation was done in a fair and impartial manner and the investigating agency collected credible and clinching material on the basis of which charge sheet was submitted and cognizance has already been taken in 2016. On account of their non appearance non bailable warrant has been issued. The applicants have avoided to appear before the court below so as to protract the proceedings and also frustrate ends of justice.
From the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that no offence has been made out against the applicants. Cognizance taken by the trial court, whereby the applicants have been summoned to face the trial suffers from no illegality and as such the prayer for quashing the proceedings is refused. At the stage of issuing process the court below is not expected to examine and assess in detail the material placed on record. Only this has to be seen whether prima facie cognizable offence is made out or not. The Apex Court has also laid down the guidelines in the case State of Haryana Vs. Bhajanlal, 1999 SCC(Crl) 426, and State of Bihar Vs. P. P. Sharma, 1992 SCC(Crl) 192.where the criminal proceedings could be interfered and quashed in exercise of its power envisaged under section 482 Cr.P.C.
Having considered rival submissions advanced by the learned counsel for the parties, this Court does not find any justifiable ground for quashing the proceedings pursuant to the order dated 9.6.2016 in the aforesaid case in exercise of its inherent powers conferred under section 482 Cr.P.C. The application is bereft of merits and is accordingly dismissed.
However, considering the facts and the circumstances of the case, it is directed that in case applicants appear before the court concerned in the aforesaid case within 30 days and apply for bail, the same shall be heard and disposed of in accordance with law.
The applicant no.1 Smt. Chaman Begum shall be released on interim bail till her regular bail application is not decided.
Order Date :- 30.5.2019 Shahnawaz