Allahabad High Court
Raj Kumari & Another vs State Of U.P. & Another on 19 March, 2021
Author: Virendra Kumar Srivastava
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 33 Case :- U/S 482/378/407 No. - 1452 of 2021 Applicant :- Raj Kumari & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Harsh Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Virendra Kumar Srivastava,J.
The instant application under Section 482 Code of Criminal Procedure, 1973 (in short 'Code') has been filed with a prayer to quash the summoning order dated 22.02.2021 in Case No.664 of 2021, (State vs. Smt. Rajkumari and others) under Sections 419, 420, 405, 504, 506 I.P.C., P.S.-Tarabganj, District-Gonda pending in the court of Judicial Magistrate-II, Gonda and also to quash the charge sheet No.01 dated 22.11.2020 in the aforesaid case.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated. He further submits that applicants are neither employees nor officers of the alleged Finance Company i.e, Alanty Micro Finance Company, Gonda nor had taken any money from the informant. Learned counsel further submits that the main accused Ajay Verma who was officer in the said Company has been exoneratedby the Investigating Officer. Learned counsel further submits that the impugned order as well as the whole criminal proceedings is nothing but an abuse of process of law and is liable to be quashed.
Learned AGA vehemently opposed and submits that specific allegation has been made against the applicants to entice the informant for opening an account for loan and in influence of such enticement an amount of Rs.35,000/- from Alanty Micro Finance Company and Rs.30,000/- from Saiza Micro Finance Company, Faizabad was withdrawn as loan and later on it was taken by the applicants and other co-accused on the pretext of issuing credit card.
Learned AGA further submits that in this case a fraud was committed by the applicants and the said officers of the Finance Company. Learned A.G.A. further submits that in this case, cognizable offence is made out and at this stage, truthfulness of falsehood of the case cannot be adjudged.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335, Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 and Sau. Kamal Shivaji Pokarnekar vs. State of Maharashtra AIR (2019) SC 847, after discussing the nature and scope of power of High Court under Section 482 of the Code has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicants under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or under Section 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage, that no offence is made out against the applicants as specific allegation has been made against the applicants and prima facie, evidence for cognizable offence is available on record.
Accordingly, in view of the above, the prayer for quashing the proceedings as well as charge sheet is refused.
The application u/s 482 of the Code Cr.P.C. stands dismissed.
Order Date :- 19.3.2021 P.s.