Court No. - 77
Case :- APPLICATION U/S 482 No. - 47134 of 2019
Applicant :- Imamuddin And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anurag Mishra,Ashutosh Ojha
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicants namely, Imamuddin and Mansoor, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to set aside the entire proceeding of Complaint Case No. 187 of 2019, (Salim vs. Imamuddin and others), under Sections 406, 506 I.P.C., related to P.S. Dhoulana, District Hapur, which arises from the impugned summoning order dated 14.10.2019, passed by the learned First Judicial magistrate, Hapur and the impugned summoning order may also be set aside.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants argued that it was a case in response to a criminal case, which was got lodged against complainant and his family members. The alleged ceremony was with expenses from applicants too. No entrustment was there, hence, an offence punishable under Section 406 of I.P.C., may not be made out, even then applicants have been summoned. Hence, for ensuring end of justice, this application has been filed with above prayer.
Learned AGA has vehemently opposed the above prayer.
From the very perusal of First Information Report, lodged upon the report of Seema against Salim and 9 others, as Case Crime No. 260 of 2019, it is apparent that above marriage ceremony of god bharai was admitted fact and the same is the contention of complainant. Return of same was not made. This has been said in the statement recorded under Section 200 of Cr.P.C. and corroborated by statement recorded under Section 202 of Cr.P.C. When demanded back, threat was said to have been extended. Hence, at the time of summoning under Section 2004 of Cr.P.C., Magistrate is to see existence of prima facie case by application of its judicial mind and it was very well there.
This Court in exercise of inherent power under Section 482 of Cr.P.C., is not expected to make analytical analysis of evidence and fact of the case, as the same is the question before trial court.
Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr.
LJ 3844 has propounded that "While exercising jurisdiction under section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of it accusation would not be sustained. That is the function of the trial Judge/Court". In another subsequent Hamida v. Rashid, (2008) 1 SCC 474, hon'ble Apex Court propounded that "Ends of justice would be better served if valuable time of the Court is spent in hearing those appeals rather than entertaining petitions under Section 482 at an interlocutory stage which after filed with some oblique motive in order to circumvent the prescribed procedure, or to delay the trial which enable to win over the witness or may disinterested in giving evidence, ultimately resulting in miscarriage of Justice". In again another subsequent Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, the Apex Court has propounded "Inherent jurisdiction under Section 482 has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself." While interpreting this jurisdiction of High Court Apex Court in Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296 has propounded "High Court can exercise jurisdiction suo motu in the interest of justice. It can do so while exercising other jurisdictions such as appellate or revisional jurisdiction. No formal application for invoking inherent jurisdiction is necessary. Inherent jurisdiction can be exercised in respect of substantive as well as procedural matters. It can as well be exercised in respect of incidental or supplemental power irrespective of nature of proceedings".
Regarding prevention of abuse of process of Court, Apex Court in Dhanlakshmi v. R.Prasana Kumar, (1990) Cr LJ 320 (DB): AIR 1990 SC 494 has propounded "To prevent abuse of the process of the Court, High Court in exercise of its inherent powers under section 482 could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive" as well as in State of Bihar v. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, Apex Court propounded "In exercising jurisdiction under Section 482 High Court would not embark upon an enquiry whether the allegations in the complaint are likely to be established by evidence or not".
Meaning thereby, exercise of inherent jurisdiction under Section 482 Cr.P.C. is within the limits, propounded as above. The impugned order was well based on evidence and facts collected by Magistrate in its enquiry. Hence, this proceeding merits its dismissal.
Dismissed, accordingly.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within thirty (30) days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of thirty (30) days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below, within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application stands disposed of, accordingly.
Order Date :- 20.12.2019 Kamarjahan