Court No. - 34
Case :- APPLICATION U/S 482 No. - 9523 of 2004 Applicant :- S.K. Awasthi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- Govt. Advocate,K.K.Tripathi
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Prashant Kumar Singh, learned counsel for applicant and learned A.G.A. for State of U.P.
2. Applicant has 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 01.03.2004 as well as further proceedings of Case No. 4324 of 2004 (State Vs. S.K. Awasthi), under Sections 420, 406, 504, 500 IPC, Police Station Gwaltoli, District Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate II, Kanpur Nagar.
3. A case bearing Case Crime No. 59 of 1997, under Sections 406, 420, 500 and 504 IPC was registered against applicant wherein Police submitted final report on 21.11.1997. Thereafter, complainant filed protest petition. It appears that accused also filed an objection to the protest petition but the same has been rejected by Court below stating that accused has no right to challenge the same at this stage and after considering the evidence collected during investigation, found that prima facie case under Sections 406, 420, 500 and 504 IPC is made out, therefore, summoned accused applicant under aforesaid sections.
4. Learned counsel for applicant submitted that it is a civil dispute and, therefore, cognizance cannot be taken by Magistrate concerned.
5. From a bare perusal of record, I find that here is a case of defalcation or misappropriation of funds etc., therefore, it cannot be said that no criminal liability is being attached.
6. In view thereof, I do not find any illegality or infirmity in impugned summoning order. This application lacks merit and is accordingly dismissed.
7. Interim order, if any, stands vacated.
Order Date :- 30.7.2019 Siddhant Sahu