Rajendra @ Rajendra Prasad vs State Of U.P. And Another
2023 Latest Caselaw 21639 ALL

Citation : 2023 Latest Caselaw 21639 ALL
Judgement Date : 10 August, 2023

Allahabad High Court

Rajendra @ Rajendra Prasad vs State Of U.P. And Another on 10 August, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161374
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29139 of 2023
 

 
Applicant :- Rajendra @ Rajendra Prasad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Awadhesh Kumar Sharma,Shesh Nath Bhatt
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard Sri Awadhesh Kumar Sharma, learned counsel for the applicant and Sri Vishwa Deepak Mishra, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.773 of 2022, summoning order dated 05.08.2022, under Sections 427, 323, 504 I.P.C., P.S. Gaur, District Basti, passed by Judicial Magistrate, Court No.19, Basti.

3. Counsel for the applicant submits that instant complaint is counter blast of the offence lodged by the applicants and no offence under the alleged sections is made out. Summoning order is bad in the eyes of law as offence under Sections 200 and 202 is not supporting the complaint.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity.

5. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.

6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

Order Date :- 10.8.2023

Nitin Verma