Allahabad High Court
Seema And Others vs State Of U.P. And Another on 7 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:82165
Court No. - 91
Case :- APPLICATION U/S 482 No. - 14814 of 2024
Applicant :- Seema And Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shiv Raj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard Sri Shiv Raj Singh, learned counsel for the applicant, Sri S.K. Chandraul, learned Additional Government Advocate for the State-O.P. no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing of the summoning order dated 10.04.2024 passed by Special Judge SC/ST (POCSO Act), Court No.2, Etawah in Complaint Case No. 935 of 2023 (Rajesh Kumari Vs. Seema and others), under Sections 504, 506 IPC and Section 3(1)RS, 3(2)(5a) of SC/ST (POCSO Act), Police Station Friends Colony, District Etawah.
3. Learned counsel for the applicant submits that an FIR was lodged by the opposite party no.2 against the applicants, under Sections 147, 504, 506, 406, 452, 384 IPC and Section 3(1)Da, 3(2) of SC/ST Act. After detailed investigation final report was submitted on 27.11.2022. Against the final report, protest petition was filed on 23.05.2023 before the Court of Special Judge SC/ST Act, Etawah. The Special Judge SC/ST Act, vide order dated 9.8.2023 rejected the final report and treated the case as complaint case. After recording the statements of the complainant under Section 200 Cr.P.C. and of his witnesses under Section 202 Cr.P.C., the applicants have been summoned vide order dated 10.04.2024.
4. By means of the instant application, the applicants are challenging the summoning order as well as entire proceedings of the aforesaid complaint case.
5. Counsel for the applicants submits that no case under the SC/ST Act is made out against the applicants as the applicants have not used any caste base words. He further submits that the trial court has not applied its judicial mind while passing the order of summoning.
4. Per contra, learned A.G.A. has vehemently opposed the application and contended that as a counterblast to the first information report dated 05.03.2021 lodged by the applicant no.1, under Sections 376, 506 IPC and Section 3/4 POCSO Act, P.S. Friends Colony, District Etawah, against the son of opposite party no.2, the FIR of the present case has been lodged by the opposite party no.2. He further submits that from bare reading of the contents of the FIR, it cannot be said that no prima facie case is made out against the applicants.
5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.
6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicant(s). It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.
Order Date :- 7.5.2024
Prajapati
