This petition has been filed under Section 482 of the Code of Criminal Procedure quashing order dated 22.5.2014 passed by Special Judge, S.C./S.T. Act, Gonda, in Criminal Revision No.432 of 2012, Rahul Pandey & ors. v. State of U.P., vide which order of summoning dated 26.7.2013 passed by IIIrd Additional Civil Judge (Junior Division)/Judicial Magistrate, Gonda, rendered in Criminal Case No.179/2013/12, Garibe v. Indra Pal & ors., has been upheld. Petition also seeks quashing of all the proceedings.
In the contention of learned counsel for the petitioners, falsity in the complaint has been traced by the courts below, insomuch as although allegations were made under Scheduled Castes and Scheduled Tribes Act, however, no cognizance of the same has been taken.
On the second count it has been contended by learned counsel for the petitioners that complaint does not make a reference to any eyewitness and yet Uma Nath Pandey has been examined as P.W.2 as eyewitness. Uma Nath Pandey is Pattedar of the petitioner and the relations between the two parties are strained.
On the third count, it has been argued that considering the innocuous and vague allegations, in context of delay in initiating proceedings, it stands established that the proceedings have been initiated in abuse of process of the court and process of the Law. For an alleged incident of 28.12.2011 complaint was instituted on 19.5.2012. Needless to say that there is no evidence in the nature of medical or other evidence that would prima facie make it evident that the incident took place.
Considering the above noted facts and circumstances, issue notice to respondent no.2 through Chief Judicial Magistrate, Gonda, returnable on 25.8.2014.
List on 25.8.2014.
Further proceedings in this case shall remain stayed till that date only.
Order Date :- 7.7.2014 A.Nigam