Court No. - 70
Case :- APPLICATION U/S 482 No. - 3845 of 2019 Applicant :- Raghubir And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the complaint dated 08.05.2018, summoning order dated 29.09.2018 and proceedings of case no. 832 of 2018, under Sections 452, 323, 504, 506 I.P.C., Police Station Ratanpuri, District -Muzaffarnagar pending in the court of Judicial Magistrate, Muzaffarnagar.
Learned counsel for the applicants submitted that applicants have been falsely implicated by the complainant with mala fide intention only with a view to harass the applicants. It is next submitted that on 29.1.2000 husband of opposite party no. 2 (complainant Smt. Saroj) had executed a sale deed in favour of applicant no. 1 but he did not get his name mutated during life time of vendor Padam (husband of opposite party no.2). It is next submitted that the mutation proceedings between the parties in respect of the land in question under sale deed dated 19.01.2000 is pending before the Court of Tehsildar Budhana, Muzaffarnagar. On account of said civil dispute the applicants have been falsely implicated by the opposite party no.2 by filing the impugned complaint dated 08.05.2018 against the applicants, on which the statement of complaint under Section 200 Cr.P.C. was recorded on 09.06.2018 and the statement under Section 202 Cr.P.C. of Ram Manohar @ Tintu and Kumari Bhiksha aged about 22 years were recorded on 18.08.2018. Thereafter, the applicants have been summoned by the impugned summoning order dated 29.09.2018. It is submitted that the earlier in the year 2017 also the applicants had filed a complaint against son of opposite party no.2, therefore, the impugned complaint dated 08.05.2018 is a counter blast to the complaint filed by the applicant no. 1 in the year 2017 and all the further criminal proceedings of impugned complaint Case No. 832 of 2018 is liable to be quashed.
Per contra, learned AGA for the State submitted that considering the material evidences and allegations against the applicant on record, as on date, as mentioned in the impugned complaint, the statement of the complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C., the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicant, the criminal proceedings against the applicant cannot be said to be abuse of the process of the Court.There is no illegality in the impugned summoning order dated 29.09.2018. It is submitted that this application is liable to be dismissed.
After having heard the learned counsel for the parties and perusing the entire record, I find that in the complaint dated 08.05.2018 specific allegations have been levelled against the applicants by the complainant and thereafter, the complainant and other witnesses particularly Kumari Bhiksha also made specific allegations against the applicants that they tried to outrage her modesty.
Apex Court in the Case of Kamla Devi Agarwal Vs. State of West Bengal and others 2001 (43) A.C.C.-1106 held that civil and criminal proceeding both can run simultaneously and there is no bar for initiating the criminal proceeding during pendency of the civil case. Criminal prosecution cannot be thwarted at the initial stage merely because of pendency of civil case.
This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sprangly, only in such a appropriate cases, where uncontroverted allegations made in the complaint and the evidence relied in support of same, do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.
It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused.
In view of above, this Court does not find that this case fall in a categories as recognized by the Apex Court for quashing the criminal proceeding of the trial court at pre-trial stage. Considering the facts, circumstances and nature of allegations against the applicants in this case, the cognizable offence is made out. There is no manifest error of law in the impugned summoning order dated 29.09.2018. The impugned criminal proceeding under the facts of this case cannot be said to be abuse of the process of the Court. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court. Hence, criminal proceeding against the applicants is not liable to be quashed. The relief as claimed by the applicants in this application is accordingly refused.
At this stage, learned counsel for the applicants submitted that in case some protection is granted by this Court, the applicants will surrender before the concerned court below. The learned Additional Government Advocate for the State does not dispute such prayer of the applicant.
Considering the last prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within thirty days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law. For the period of thirty days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.1.2019/AKT