Court No. - 1
Case :- APPLICATION U/S 482 No. - 32678 of 2018 Applicant :- Karan Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Gyanendra Kumar Singh, learned counsel for the applicants and Sri G. P. Singh learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of S.S.T. No. 131 of 2017 (Chhangelal @ Bhawan Singh Vs. Ram Saran and others) under Section 395/397 I.P.C., Police Station Maudarwaja, District Farrukhabad pending in the Court of Special Judge, Dacoity Affected Area, Farrukhabad together with impugned summoning order dated 31.05.2018.
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 as well as the order dated 31.05.2018 and has submitted that the same do 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 as well as the order dated 31.05.2018, 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. Hence, the prayer for quashing the same is refused.
The application is accordingly, dismissed. Order Date :- 12.10.2018 Ashok Gupta