Hon'ble Supreme Court in the matter of State of Haryana v. Bhajan Lal

1. Heard Sri Saurabh Pandey, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned Additional Government Advocate for the State-opposite party no.1 and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of summoning order dated 07.07.2023 including entire proceeding of Complaint Case No.8336 of 2021, under Section 323, 341, 392 IPC, P.S. Quarsi, District Aligarh arising out of crime no.878 of 2019, pending in the Court of Chief Judicial magistrate, Aligarh.

3. Learned counsel for the applicants submits that prior to this incident applicant no.1 had lodged an FIR against the brother of opposite party no.2 as case crime no.443 of 2014, under section 302 IPC in which after investigation charge-sheet was submitted and the trial court had convicted the brother of opposite party no.2 vide order dated 23.07.2019. Aggrieved by the said conviction, the instant criminal proceeding has been initiated by opposite party no.2 against the applicants. He further submits that in the said case final report was submitted and the applicants have been summoned on the protest petition filed by opposite party no.2. The only allegation in the complaint is that one Rajat Choudhary along with 4 other persons stopped opposite party no.2 while he was on the way to go somewhere claiming themselves to be the members of Special Operation Group. The alleged victim and the witness are habitual offenders. The statements of the witnesses as well as complainant recorded under sections 200 and 202 Cr.P.C. are contradictory from the averments of the complaint He further submits that applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants.

4. Per contra, learned A.G.A. has vehemently opposed the application and contended that as per allegation the applicants along with one Rajat Choudhary stopped the brother of of the complainant, kidnapped him and beaten him up. He further submits that because of some pressure the police has submitted final report. The statements of the witnesses as well as complainant recorded under sections 200 and 202 Cr.P.C. clearly supported the averments of the complaint. It is further submitted that the Court below has rightly summoned the applicants. and no interference is required by this Court in the impugned order as well as the on going proceedings.

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 judgements 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 applicants. 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 :- 16.5.2025 S.P.

1. Heard Sri Saurabh Pandey, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned Additional Government Advocate for the State-opposite party no.1 and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of summoning order dated 07.07.2023 including entire proceeding of Complaint Case No.8336 of 2021, under Section 323, 341, 392 IPC, P.S. Quarsi, District Aligarh arising out of crime no.878 of 2019, pending in the Court of Chief Judicial magistrate, Aligarh.

3. Learned counsel for the applicants submits that prior to this incident applicant no.1 had lodged an FIR against the brother of opposite party no.2 as case crime no.443 of 2014, under section 302 IPC in which after investigation charge-sheet was submitted and the trial court had convicted the brother of opposite party no.2 vide order dated 23.07.2019. Aggrieved by the said conviction, the instant criminal proceeding has been initiated by opposite party no.2 against the applicants. He further submits that in the said case final report was submitted and the applicants have been summoned on the protest petition filed by opposite party no.2. The only allegation in the complaint is that one Rajat Choudhary along with 4 other persons stopped opposite party no.2 while he was on the way to go somewhere claiming themselves to be the members of Special Operation Group. The alleged victim and the witness are habitual offenders. The statements of the witnesses as well as complainant recorded under sections 200 and 202 Cr.P.C. are contradictory from the averments of the complaint He further submits that applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants.

4. Per contra, learned A.G.A. has vehemently opposed the application and contended that as per allegation the applicants along with one Rajat Choudhary stopped the brother of of the complainant, kidnapped him and beaten him up. He further submits that because of some pressure the police has submitted final report. The statements of the witnesses as well as complainant recorded under sections 200 and 202 Cr.P.C. clearly supported the averments of the complaint. It is further submitted that the Court below has rightly summoned the applicants. and no interference is required by this Court in the impugned order as well as the on going proceedings.

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 judgements 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 applicants. 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 :- 16.5.2025 S.P.