Allahabad High Court
Naresh And 2 Others vs State Of U.P. And Another on 15 March, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 3530 of 2023 Applicant :- Naresh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Pal Singh,Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned AGA for the State.
The instant application has been filed for the following relief:
"To quash the entire proceedings as well as summoning order dated 11.4.2022 passed by Judicial Magistrate-First, Sambhal at Chandausi in Complaint Case No. 665 of 2022 (Smt. Shashi vs. Naresh and others), under Section 323, 504, 506 I.P.C., P.S. Nakhasa, District Chandausi, pending in the court of Judicial Magistrate-First, Sambhal at Chandausi."
As per office report dated 27.1.2023, the applicant has earlier approached this Court by means of Application 482 Cr.P.C. No.23861 of 2022. This Court vide order dated 31.8.2022 disposed of the said application. The order dated 31.8.2022 is extracted as follows:
"The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 665 of 2022 under Sections 323, 504, 506 IPC, Police Station Nakhasa, District - Sambhal and the summoning order dated 11.4.2022 pending in the court of Judicial Magistrate-I, Sambhal at Chandausi. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicants. Further, to decide / adjudicate the plea raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at appropriate Stage. Hence, the prayer made in the present application is refused.
With the above observations, the application stands disposed of."
After perusal of the relief claimed in the instant application, this court is of the opinion that this is a second application for the same cause of action. The same is not maintainable and it is accordingly, dismissed.
Order Date :- 15.3.2023 S.S.