Court No. - 38
Case :- APPLICATION U/S 482 No. - 16440 of 2019 Applicant :- Jaleel And 05 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Jitendra Prasad Mishra 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 entire proceeding as well as the summoning order dated 2.2.2019 passed by the Special Judge (DDA Act), Banda in Special Session Trial No. 120 of 2015 (Abdul Rasool Vs. Jaleel and others) u/s 394, 323, 325, 504, 506 IPC, P.S. Baberu, Distt. Banda.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
It is submitted by the learned counsel that the applicants are innocent and have been falsely implicated in the present case. In this case an application u/s 156(3) was filed by O.P. no. 2 after three months of the alleged occurrence for lodging the FIR which was treated as complaint case. After recording the statement of O.P. no. 2 u/s 200 CrPC and statement of witnesses produced by him u/s 202 CrPC. The applicants have been summoned u/s 394, 323, 325, 504, 506 IPC.
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.
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 of Special Session Trial No. 120 of 2015 (Abdul Rasool Vs. Jaleel and others) as well as impugned summoning order dated 2.2.2019 is refused.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their 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 :- 26.4.2019 Vandana