Mahaveer Singh vs State Of U.P. And Another
2022 Latest Caselaw 19548 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 23541 of 2022
 

 
Applicant :- Mahaveer Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar Gautam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Applicant is aggrieved that in the present case after investigation final report was submitted, however, before any order was passed, a direction was issued for further investigation and even after said investigation again final report was submitted and at this stage Magistrate disapproved the outcome of final report and directed that case will proceed as State case and summoned applicant.

2. Sri Ajay Kumar Gautam, learned counsel for applicant, submits that there are four civil pending between parties. Applicant is bona fide purchaser and owner of property is not arrayed as accused. He further placed reliance on Supreme Court's judgment in Mitesh Kumar J. Sha vs. The State of Karnataka and others, 2021 SCC OnLine SC 976 that if there has been attempt to stretch the contours of a civil dispute and thereby essentially impart a criminal color to it, the High Court may in exercise of its inherent jurisdiction quash the criminal proceedings.

3. In order to consider the submission of counsel for applicant, I have carefully perused the impugned order dated 18.08.2021. The Chief Judicial Magistrate, Aligarh passed a detailed order on protest petition has noted the history of case, powers of Magistrate as mentioned in this Court's judgment in Pakhandu and others vs. State of U.P. and others 2001(13) ACC 1096 as well as that Investigating Officer has proceeded to submit final report mainly on the basis that civil proceedings are pending between parties and has not taken correct observation of the documents on record, therefore, I do not find that there is any illegality in the impugned order whereby the outcome of final report was rejected and directed was passed to proceed as State case and applicant was summoned.

4. Judgment in Mitesh Kumar J. Sha (supra) does not provide that in every case where civil disputes are pending no criminal proceedings can be launched. The Court has to see, whether prima facie offence is made out or not. As discussed in impugned order the Magistrate has specifically stated on the basis of record that prima facie offence is made out against applicant under Sections 420, 467, 468, 471 IPC, therefore, I do not find any illegality therein.

5. The application is accordingly dismissed.

Order Date :- 2.12.2022/AK

(Sl. No. 29 out of 280 fresh cases)