Court No. - 87
Case :- APPLICATION U/S 482 No. - 46724 of 2019 Applicant :- Prakash And 6 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sudhir Kumar Agarwal,Indra Bhan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 Cr.P.C. with a prayer to quash the summoning order dated 11.10.2019 and entire proceedings of Complaint Case No. 4189 of 2019 (Yashpal Singh vs. Prakash and others), under Sections 323, 504, 506 I.P.C., P.S. Sarsawa, District Saharanpur pending in the Court of Judicial Magistrate-II, Saharanpur.
Heard learned counsel for the applicants, the learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicants submits that the applicant are innocent and have been falsely implicated in this case. The whole proceeding is nothing but a counter blast of a criminal case lodged by the applicant against the opposite party. The whole proceeding is nothing but abuse of process of law. Hence the entire proceeding as well as the summoning order deserve to be quashed.
Learned A.G.A. while vehemently opposing submits that there is sufficient material on record to show that cognizable offence is made out and at this stage, the truthfulness or falsehood of the case cannot be adjudged.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, Sau. Kamal Shivaji Pokermaker vs. State of Maharashtra AIR (2019) SC 847, after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
From perusal of record it transpires that the specific allegations made in the aforesaid complaint is against the applicants that they had caused injury by knife, danda, hurled abuses and threatened to life of one Rajendra Kumar.
Looking into the facts and circumstances of the case, it cannot be said at this stage that no offence is made out against the applicants. All the submissions made by the learned counsel for the applicants relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the entire proceedings and summoning order dated 11.10.2019 is refused.
However, on the request of learned counsel for the applicants, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and applies for bail in the aforesaid case, their prayer for bail shall be considered preferably on the same day or as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 18.12.2019 Saurabh