Court No. - 48
Case :- APPLICATION U/S 482 No. - 28286 of 2019 Applicant :- Mohan Lal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.K. Singh. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned AGA for the State-respondents and perused the material brought on record.
By means of this application under section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing the summoning order dated 03.04.2019 passed by Judicial Magistrate Chhibramau, Kannauj in complaint case no. 651 of 2018 (old no. 2529/2559 of 2016), under Sections 419, 420, 473 IPC, P.S. Vishungarh, District Kannauj as well as stay the entire proceedings of the aforesaid case.
The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted due to enmity with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. Further contention is that earlier applicants have lodged a case being case crime no. 185 of 2011, under Sections 420, 467, 468, 471, 409 of IPC against opposite party no. 2 and the impugned complaint has been filed as a counter blast of the same. It has also been contended that opposite party no. 2 is a clerk in the alleged college, while he is working as Manager of the Committee. It was stated that opposite party no. 2 is facing several cases and proceedings and the impugned complaint has been filed just to create pressure upon the applicants. It was further submitted that the impugned summoning order has been passed in a mechanical manner without examining the matter of the case. Learned counsel for the applicants has relied upon a case of Eicher Tractor Limited and Another vs. Harihar Singh and Another reported in 2008 (16) SCC 763.
Per contra, learned AGA has opposed the application.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, which cannot be adjudicated upon by this court under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283. In view of the allegations and material on record, the case of Eicher Tractor Limited (supra) is of no help to the petitioner. The material on record makes out a prima facie case against applicants.
The prayer, as made above, is hereby refused.
However, it is provided that in case, the applicants move an appropriate application for discharge before the concerned Court below, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 26.7.2019 Anand