Allahabad High Court
Sukhvendra Singh Alias Sittu Yadav vs State Of U.P. And Another on 1 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:69903
Court No. - 74
Case :- APPLICATION U/S 482 No. - 680 of 2025
Applicant :- Sukhvendra Singh Alias Sittu Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey
Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the prayer to quash the entire proceedings of Case no. 14263 of 2024 (State of Sittu Yadav @ Sukhvendra Singh), Case Crime no. 183 of 2023 under sections 509 IPC and 67 of IT Act, Police Station Erawakatra, District Auraiya, pending in court of Chief Judicial Magistrate, Auraiya as well as cognizance and summoning order dated 08.10.2024 through which applicant has been summoned to face trial. Further prayer has also been made to quash the charge sheet dated 17.10.2023 in Case Crime no. 183 of 2023.
3. Learned counsel for applicant submitted that FIR has been lodged by opposite party no. 2/informant on dated 20.09.2023 against unknown person over the allegation that some anti-social element are harassing her by creating social media Facebook ID in her name and are defaming her by uploading her photos. After lodging of FIR, investigation started and during course of investigation, the Investigating Officer recorded the statement of informant under Section 161 Cr.P.C. wherein, she reiterated the version of FIR, moreover she made specific allegation upon the applicant. Statements of father of informant and her brother were also recorded wherein both of them have supported the story of prosecution and also stated that photo of informant were uploaded by applicant by using fake ID and when they complained this to applicant, he deleted the ID but later on he again created the ID in the name of informant. After completion of investigation, charge sheet has been submitted against the applicant.
4. It is contended by learned counsel for applicant that applicant and opposite party no. 2 were in love relationship for a long time due to which both of them had got many photographs with each other and opposite party no. 2 got this FIR registered against the applicant under pressure of his father. The photos uploaded were not obscene but whosoever has uploaded the viral photos in the social media with respect to this applicant has no information and moreover the police has not investigated the matter with due diligence. Learned Magistrate while issuing summoning order dated 08.10.2024 has not applied his judicial mind and as such the entire proceeding is liable to be quashed.
5. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court is of the opinion that at the stage of summoning, the Magistrate is only required to record a prima facie opinion, based on the material on record, and is not expected to hold a mini trial or to examine the defence of the accused. In judgment rendered by Hon'ble Apex Court in case of S.W. Palanitkar and Others v. State of Bihar and Another; (2002) 1 SCC 241 it was held that the test which was required to be applied was whether there is "sufficient ground for proceeding" and not whether there is "sufficient ground for conviction". In the case of Nupur Talwar v. Central Bureau of Investigation and Another; (2012) 11 SCC 465, it was reiterated that the limited purpose of consideration of material at the stage of issuing process being tentative as distinguished from the actual evidence produced during trial, the test to be applied at the stage was whether the material placed before the Magistrate was "sufficient for proceeding against the accused" and not "sufficient to prove and establish the guilt".
7. From perusal of the material on record, at this stage, it cannot be said that no offence is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C.
8. None of the grounds raised through the instant application are convincing enough so as to attract interference of this Court.
9. It is well settled that the inherent powers under Section 482 Cr.P.C are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C.
10. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed.
Order Date :- 1.5.2025
Shaswat
