Court No. - 87
Case :- APPLICATION U/S 482 No. - 46707 of 2019
Applicant :- Dilip And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Usha Srivastava,Shantanu Srivastava
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 and perused the record.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 30.06.2018 passed by the CJM, Amroha in complaint Case No. 1720 of 2019 (Soniya @ Somwati Vs. Dilip and Others), under Sections- 323, 452, 354, 504, 506 of IPC in which applicant Nos. 2 to 6 was summoned u/s 323, 452, 504, 506 of IPC and applicant No. 1 was summoned u/s 323, 452, 354, 504, 506 of IPC P.S. Rajabpur District- Amroha.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel further submits that the instant application is nothing but a counter-blast of Case Crime No. 189 of 2017 under Section 308 of IPC. Learned counsel for the applicants further submits that 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.
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 the 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 preferrably same day 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.