Court No. - 68
Case :- APPLICATION U/S 482 No. - 28357 of 2019 Applicant :- Devideen And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Rakesh Kumar, learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned complaint registered as Complaint Case No. 04 of 2018 (Smt. Geeta Devi vs. Lavkush and others), under Sections 498-A, 323 and 506 of IPC, P.S. Mau, District Chitrakoot, pending before the learned Court of Judicial Magistrate, as well as the order of summoning dated 24.10.2018 passed by learned Judicial Magistrate,. Chitrakoot.
It has been argued by the learned counsel for the applicants that the applicants are the father-in-law and mother-in-law of the opposite party no.2 and that the impugned complaint has been filed making false and baseless allegation. It has been submitted that only general allegations have been made against the applicants and that prima facie no offence is made out against the applicants.
Learned A.G.A. has opposed the application.
From the perusal of the material on record and looking into the fact of the case at this stage, it cannot be said that prima facie no case is made out against the applicant. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in jurisdiction of Section 482 Cr. P.C. It is well settled that at this stage only prime case is to be seen. Considering the law laid down by Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283, material on record and considering the submissions of learned counsel for the applicant, no case for quashing of the proceeding is made out.
In view of the above, the prayer made above is hereby rejected. Accordingly, the application under Section 482 Cr.P.C. is rejected.
Order Date :- 25.7.2019 A. Tripathi