Court No. - 1
Case :- APPLICATION U/S 482 No. - 38521 of 2018 Applicant :- Gaurvendra Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdev Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Jagdev Singh, learned counsel for the applicants, Sri Ajeet Ray, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 2006 of 2003, case crime no.
229 of 1997, under Sections 307/328 I.P.C., police Station Vidhuna, District Auraiya pending before the concerned courts below as well as summoning order dated 21.12.1998 and non-bailable warrant dated 20.09.2018 passed in the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same does not suffer from any illegality or infirmity.
Considered the submissions advanced by learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.
In view of the above, no ground for quashing the proceedings of the aforesaid case is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity and the application lacks merit and the same is accordingly, rejected.
Order Date :- 26.10.2018 Anand Verma