Allahabad High Court
Anwar Ahmed Ansari vs Hadi Hasan on 18 January, 2020
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- APPLICATION U/S 482 No. - 6422 of 2005 Applicant :- Anwar Ahmed Ansari Opposite Party :- Hadi Hasan Counsel for Applicant :- Tej Pal,Sukhendu Pal Singh Counsel for Opposite Party :- A.G.A.,Arvind Agarwal Hon'ble Sudhir Agarwal,J.
1. Heard Sri Sukhendu Pal Singh, learned counsel for applicant and learned A.G.A. for State.
2. Applicant has invoked 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 proceedings of Case No.981 of 2004, under Sections 499, 500 IPC, pending in the Court of Judicial Magistrate, Firozabad.
3. Learned counsel for applicant submitted that copy of published material was not submitted with complaint, on the basis thereof charge for the offence under Section 499 and 500 IPC was to be substantiated before Chief Judicial Magistrate. Therefore, the Magistrate has not applied his mind before issuing order of summoning dated 26.08.2004.
4. The order of Magistrate shows that he has examined evidence including copy of application submitted before the Magistrate, Firozabad and also after recording statement under Sections 200 and 202 Cr.P.C. Before this Court, applicant has also not placed any material to show that offence under Section 500 IPC is made out.
5. After going through the complaint and other documents, I am of the view that at this stage it cannot be said that commission of cognizable offence is not made out or there is any error legal or otherwise in the order passed by Court below against applicants. The allegations being factual in nature can be decided only subject to evidence. In view of settled legal proposition, no findings can be recorded about veracity of allegations at this juncture in absence of evidence. Apex Court has highlighted that jurisdiction under Section 482 Cr.P.C. be sparingly/rarely invoked with complete circumspection and caution. Very recently in Criminal Appeal No.675 of 2019 (Arising out of S.L.P. (Crl.) No.1151 of 2018) (Md. Allauddin Khan Vs. The State of Bihar & Ors.) decided on 15th April, 2019, Supreme Court observed as to what should be examined by High Court in an application under Section 482 Cr.P.C. and in paras 15, 16 and 17 said as under :
"15. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondent Nos. 2 and 3 have committed the offences punishable under Sections 323, 379 read with Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not. In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable.
16. The second error is that the High Court in para 6 held that there are contradictions in the statements of the witnesses on the point of occurrence.
17. In our view, the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 (for short "Cr.P.C.") because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. That stage is yet to come in this case."
(emphasis added)
6. No material irregularity in the procedure followed by Court below has been pointed out. It is not a case of grave injustice justifying interference in this application at this stage.
7. The application lacks merit and is accordingly dismissed. Interim order, if any, stands vacated.
Order Date :- 18.1.2020 Ashish Pd.