Allahabad High Court
Babu Lal And 4 Ors vs State Of U.P. And Anr on 7 December, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- APPLICATION U/S 482 No. - 43939 of 2019 Applicant :- Babu Lal And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kanchan Chaudhary,C.L. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.
This application under Section 482 Cr.P.C. has been filed with prayer to quash the entire proceeding of Complaint Case No. 537 of 2018 (Murari Lal Vs. Babu Lal and others), under Sections 323, 452, 504, 506, 354 I.P.C., Police Station Khair, District Aligarh, pending in the court of Judicial Magistrate, Khair, Aligarh.
Learned counsel for the applicants argued that it is a malicious prosecution. There occurred some dispute amongst sons of both sides at Jim, for which police took preventive action under Section 151 Cr.P.C. Subsequently, this false complaint was got filed with concoction, wherein report of police station was summoned and it was vehemently negated in this report that no such occurrence ever occurred except a trifling dispute of quarrel in between sons of both sides, but impugned summoning order has been passed by Magistrate without application of judicial mind. Hence, this application with above prayer.
Learned A.G.A. has vehemently opposed the application.
The report of police station thereby negating the accusation is no bar for Magistrate in its inquiry. Rather fact was admitted that some occurrence took place in between both sides, as was said by complainant in its complaint, and the narration of occurrence has been said in complaint that on 17.10.2018 at about 8.15 PM while complainant along with his family was present at his home Babulal, Amit, Apil, Rahul and Rohit with two unknown came thereat. The did criminal tress-pass in the dwelling house and abused complainant. When his son, wife and daughter intercepted for saving him, they too were assaulted and abused. His daughter was outraged of her modesty by Ankit and Apil. Instantly information was given to police at Dial 100. Police had rushed on spot. They took preventive action and no report was got lodged.
This contention has been said by complainant in his statement recorded under Section 200 Cr.P.C. and the same is corroborated by testimony recorded under Section 202 Cr.P.C. by his witnesses in inquiry made by Magistrate. Hence, impugned order of summoning was on the basis of application of judicial mind wherein Babulal, Amit, Rahul and Rohit had been summoned for offences punishable under Sections 323, 452, 504, 506 I.P.C. whereas Apil has been summoned for offences punishable under Sections 323, 354, 452, 504, 506 I.P.C.
At the time of summoning under Section 204 Cr.P.C., Magistrate is not expected to make meticulous analysis of evidence rather prima facie existence of substance for summoning is to be seen and it was very well there. This Court in exercise of inherent jurisdiction under Section 482 Cr.P.C. is not expected to embark upon factual matrix because the same is to be seen by the trial court during trial.
Accordingly, the prayer for quashing entire proceeding of the aforesaid criminal case is refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of four weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.12.2019 NS