Court No. - 15
Case :- APPLICATION U/S 482 No. - 37263 of 2016 Applicant :- Chandrika And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been filed on behalf of the applicants with a prayer to quash the impugned cognizance order dated 27.08.2016 passed by Judicial Magistrate (Fast Track Court) Court No. 1, Deoria whereby applicant Chandrika, Subash, Sudarsan,Subhkaran, Rajendra, Durga, Anju and Ramanand were summoned for the offence punishable under Sections 504, 506, 427 I.P.C.
As per version of complaint, complainant Ramdeo is in possession of land in dispute belonging to Gram Sabha. On 13.12.2015 at about 4:30 PM, applicants/accused Chandrika, Subash, Sudarsan,Subhkaran, Rajendra, Durga, Anju and Ramanand reached on the disputed land, abused complainant and threatened him. They also damaged tin shed etc.
Learned counsel for the applicants contended that informant Ramdeo has filed Civil Suit No 1541/2015 (Ramdeo vs. Chandrika and others) before Civil Judge, Deoria. Vide order dated 27.10.2016, the application for temporary injunction was rejected by Additional Civil Judge, Junior Division, Court No. 23, Deoria in Case No. 1541/2015 (Ramdeo vs. Chandrika and others) holding that complainant/opposite party no. 2 Ramdeo is not in possession of the land in dispute. He further contended that the present prosecution launched against the applicants is wholly malafide as such, the present proceedings are an abuse of the process of the court.
From perusal of complaint, it reveals that this compaint has been filed due to civil dispute between the parties for land in dispute.
Hon'ble Apex Court in State of Haryana And Ors. v. Chaudhary Bhajan Lal And Ors 1992 SCC Supl. (1) 335 held that power under Section 482 Cr.P.C., may be exercised by the High Courts in the following categories :
'' (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under section 156 (1)of the Code except under an order of a Magistrate within the purview of section 155 (2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under section 155 (2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. ''
This case is squarely covered with the 7th category indicated in Bhajan Lal's case (Supra).
Accordingly, this application under Section 482 Cr.P.C., is allowed. The impugned cognizance order dated 27.08.2016 passed by Judicial Magistrate (Fast Track Court) Court No. 1, Deoria is hereby quashed.
Order Date :- 18.12.2018 VG..