Court No. - 49
Case :- APPLICATION U/S 482 No. - 16430 of 2021 Applicant :- Neeraj Patel Opposite Party :- State Of U.P. Another Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Application U/s 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 26.11.2020 as well as entire criminal proceeding of Case No. 1610 of 2020 (Ashish Soni vs. Neeraj Patel), under Section 138 N.I. Act, Police Station Kotwali Orai, District Jalaun, with a further prayer to stay further proceeding of the aforesaid case.
Submission of learned counsel for the applicant is that learned Chief Judicial Magistrate Jalaun at Orai, wrongly summoned the applicant Neeraj Patel to face the trial. He further submitted that the applicant is innocent and the alleged cheques were stolen from the shop of the applicant by Anjan Kumar Patel and on the basis of those cheques, this false case has been slapped against the applicant. No case under section 138 N.I. Act is made out against the applicant. Hence, this petition.
Per contra, learned AGA opposed the above submission and contended that disputed questions of fact have been raised in the petition which can be decided by the trial court only.
In M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others 2020 SCC Online SC 85, the Hon'ble Apex Court has held as under:-
iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the rarest of rare cases (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/ complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule.
Perusal of record reveals that after holding inquiry, learned Chief Judicial Magistrate, Jalaun at Orai, on 26.11.2020 passed the summoning order and directed the applicant Neeraj Patel to appear before the court to face the trial. In proceeding under Section 482 Cr.P.C. this Court cannot embark upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint.
In view of the above, I am of the considered opinion that this petition under Section 482 Cr.P.C is devoid of merit and is liable to be dismissed, hence the prayer for quashing is refused.
Accordingly, this petition under Section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 30.9.2021 v.k.updh.