Court No. - 34
Case :- APPLICATION U/S 482 No. - 6747 of 2006 Applicant :- Prabhu Dayal Maisee And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri A.K. Mishra, learned counsel for applicants and learned A.G.A. for State of U.P.
2. Applicants have invoked inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash summoning order dated 22.02.2006 as well as further proceedings of Complaint Case No. 1351 of 2004, under Sections 323, 504, 506 IPC, Police Station Sadar Bazar, District Mathura, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Mathura.
3. Learned counsel for applicants has confined his argument only to the extent that no injury has been caused by applicants to anyone and, therefore, no offence under Section 323 IPC is made out.
4. Section 323 IPC defines “Punishment for voluntarily causing hurt” and it reads as under:-
“323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.”
5. The term “hurt” has been defined in Section 319 IPC which reads as under:-
“319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
6. In order to attract Section 323 IPC, injury is not necessary but it also includes a bodily pain for which no apparent injury needs be expressed or shown. In complaint, it has been said that “Mazdooron ko maarpeet kar bhga diya jata hai”. Allegation of causing hurt to labourers is already mentioned and it cannot be said that ex-facie Section 323 IPC is not attracted.
7. No other point has been argued.
8. Application lacks merit and is accordingly dismissed. Order Date :- 18.12.2019 Siddhant Sahu