Court No. - 1
Case :- APPLICATION U/S 482 No. - 38408 of 2018 Applicant :- Smt. Mithlesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balendra Kumar Singh,Varun Dev Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Learned counsel for the applicant is permitted to correct the prayer clause during the course of the day.
Heard Sri Balendra Kumar Singh, learned counsel for the applicant, 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 order dated 18.05.2018 passed by Additional Chief Judicial Magistrate-Ist, G.B. Nagar in Complaint Case No. 627 of 2016, under Sections 120B, 376(2)(G), 392, 506 IPC, PS Dankaur, District G.B. Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant 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. He further submitted that there was some tenancy dispute between the parties.
Learned A.G.A. has vehemently opposed the prayer for quashing the aforesaid order 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 instant application lacks merit and the same is accordingly rejected.
Order Date :- 26.10.2018 Anand Verma