May 30, 2019:
The Delhi High Court has quashed the criminal case proceedings against the sons of a deceased man charged under Section 420/467/468/471 and 120 B IPC . The Court found out that the summoning order passed against the petitioners is found to be an order mechanically passed without due application of mind.
The summary of the case goes around wherein a man (who is now a deceased person) filed a civil suit on some property issue against a party. In the proceedings of the case he has been charged of forgery, cheating and dishonesty. He challenged the order in High Court which the Court dissaproved off and rejected. He passed away and later the third party lodged a criminal case against his sons accusing them of committing the similar crimes. They then appealed in High Court for removal of charges.
The Court found out that neither in the averments nor in the pre-summoning evidence, there is even a whisper of allegation qua the petitioners that indicates their involvement in any specific act of commission or omission in concert or collusion with their late father. The allegations lodged against them are vague.
The Court attributed that they have been clubbed with the late father without any specific role being attributable to them. They have been wrongly accused of having filed the civil suit or having presented forged or fabricated document in the civil suit. There is no evidence worth the name in the pre-summoning inquiry on the basis of which it could be inferred that either of the four petitioners had any role to play in the fabrication of the receipt in question.
It stated, "In the above facts and circumstances, there is not the least doubt that the allegations in the criminal complaint against the petitioners are wholly unfounded, no shred of evidence having been presented in the pre-summoning inquiry in support of the same. The summoning order passed against the petitioners is found to be an order mechanically passed without due application of mind. The proceedings in its wake against the petitioners cannot be allowed to continue in as much as the same would be an abuse of the process of law."
The Court thus quashed the criminal complaint case proceedings against the petitioners.
The Judgement has been delivered by HON'BLE MR. JUSTICE R.K.GAUBA on 16-05-2019
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