Court No. - 38
Case :- APPLICATION U/S 482 No. - 15019 of 2019 Applicant :- Jagish Pandit Opposite Party :- State Of Up And Another Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 with a prayer to quash the summoning order dated 22.10.2018 passed by Addl. Sessions Judge (Court no. 1)/ Special Judge (D.D.A.) Mahoba in Complaint Case no. 14 of 2017, (Ajay Pal Vs. Jagdish Pandit) u/s 392 IPC, P.S. Charkhari, Distt. Mahoba.
Heard Sri Tarun Kumar Tripathi, learned counsel for the applicant, the learned A.G.A. for the State and perused the material on record.
It is submitted by the learned counsel that the applicant is innocent and has been falsely implicated in the present case. This case is counter blast of Case Crime No. 611 of 2016 u/s 452, 323, 504, 506, 354 IPC and 3(1) da, dha, ba (i) & 3(2)(5) ka SC/ST Act, P.S. Charkhari, Distt. Mahoba lodged against the brother and nephew of the complainant. The Investigating Officer has investigated in a cursory manner and submitted the charge sheet without evidence. The case filed by the O.P. no. 2 is misuse of process of law. Hence the entire proceeding as well as the summoning order deserve to be quashed.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has submitted that at this stage, the truthfulness or falsehood of the case cannot be adjudged.
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, 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.
In this case O.P. no. 3 has filed an application u/s 156(3) CrPC against the applicant which was treated by lower Court as complaint case. Applicant has been summoned by the learned trial Court after recording the statement of the complainant u/s 200 CrPC and statements of witnesses u/s 202 CrPC, u/s 392 IPC.
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 applicant. All the submissions made by the learned counsel for the applicant 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 and summoning order dated 22.10.2018 is refused.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 25.4.2019 Vandana