Allahabad High Court
Suresh Chandra Verma And 5 Others vs State Of U.P. And Another on 18 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:166889
Court No. - 89
Case :- APPLICATION U/S 482 No. - 28006 of 2023
Applicant :- Suresh Chandra Verma And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Yashwant Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Supplementary affidavit has been filed today in the Court, is taken on record.
2. Heard Sri Yashwant Singh, learned counsel for the applicants and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 10.11.2022 as well as entire proceedings of Complaint Case No.179 of 2020, under Sections 452, 323, 504, 506 I.P.C., PS Kotwali Kannauj, District Kannauj, passed by Addl. Civil Judge (JD), Court No.2/JM, Kannauj.
4. The contention of learned counsel for the applicants is that allegation made in the complaint is that six persons entered in the house of complainant with lathi, danda and other weapons and assaulted the complainant. There is no evidence of injury. All allegations made in the complaint are frivolous and are made only to harass the applicants. Summoning order issued against the applicants is without application of judicial mind. No offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention. He pointed out certain documents and statements in support of his contention.
5. Learned A.G.A. has vehemently opposed the submissions raised by applicants' counsel and submitted that the statement recorded under Sections 200 and 202 Cr.P.C., prima facie, disclose offence against the applicants.
6. From a perusal of the impugned order, it is apparent that the learned Magistrate/Civil Judge has passed the said order after having found prima facie case made out against the applicants 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.
7. Considering the submissions raised by counsel for the parties and perused the entire record, the submission raised by applicants' counsel is disputed question of fact, whether the applicants have received injury or not and statement recorded under Sections 200 and 202 Cr.P.C., prima facie, discloses offence against the applicants.
8. 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.
9. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
10. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law.
Order Date :- 18.8.2023
Nitin Verma
