Allahabad High Court
Raghuvir And 3 Ors vs State Of U.P. And Anr on 18 January, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- APPLICATION U/S 482 No. - 2282 of 2020 Applicant :- Raghuvir And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Raghuvir, Tinku @ Sunil, Munna Lal and Jay Prakash, with a prayer for quashing of entire proceeding, as well as, summoning order, dated 25.3.2019, passed by Additional Chief Judicial Magistrate, Shikohabad, District Firozabad, in Complaint Case No. 1262 of 2018, under Sections-323, 452 and 427 of IPC, Police Station-Jasrana, District-Firozabad, pending in the court of Additional Chief Judicial Magistrate, Shikohabad, District Firozabad.
Learned counsel for applicants argued that for an occurrence, of 5.00 PM of 19.2.2018, a non cognizable offence report, numbered as 36 of 2018, under Sections 323, 504 and 506 of IPC, Police Station-Jasrana, District Firozabad, was got registered on 19.2.2018, at 21.10. PM, upon a report of Munna Lal against the sons of Opposite party no.2. Subsequently, an application, under Section 155(2) of Cr.P.C., was moved for getting the same investigated. There was grievous hurt. For the same occurrence, after three months, this false complaint was got filed, wherein, impugned summoning order came to be passed for offences, punishable, under Sections 323, 452 and 427 of IPC, though ingredients of alleged offence were not there. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
Learned AGA, representing State of U.P., has vehemently opposed this Application.
From very perusal of the complaint and Non Cognizable Report, it is apparent that both of occurrences are of one and same date of 19.2.2018, but timing is different. One first information, in the form of a Non Cognizable Report, was for an occurrence, which occurred at 5.00 PM, whereas, this complaint was for an occurrence of 6.00 PM. It can be said that the other occurrences, which occurred subsequently, was complained in this complaint, over which Magistrate took cognizance and proceeded, under Chapter XV of Cr.P.C., wherein, complainant was examined, under Section 200 of Cr.P.C. and his two witnesses were examined, under Section 202 of Cr.P.C., and there was reiteration and corroboration of contentions, made in the complaint, that on 19.2.2018, at 6.00 PM, there occurred some quarrel between kids of both sides, who were playing at the door. This resulted in dispute amongst elders. Subsequently, Raghuvir, Tinku @ Sunil, Munna Lal and Jay Prakash, armed with Lathi and Danda, did criminal trespass, assaulted and abused complainant. Meaning thereby, complaint was filed for offences, punishable, under Sections 323, 427, 452, 504 and 506 of IPC, but, upon application of judicial mind, accused-applicants were summoning for offences, punishable, under Sections 323, 452 and 427 of IPC only, for which there was prima facie sufficient evidence.
Accordingly, there appears to be no illegality or illegality in passing of the impugned summoning order, which may call for an interference by this Court. This Application, being devoid of merits, deserves to be dismissed and it stands dismissed as such.
Order Date :- 18.1.2020/bgs/