Smt. Malti Devi v. Satendra & Others), under Sections
Case Details
Court No. - 85 Case :- APPLICATION U/S 482 No. - 10603 of 2022 Applicant :- Sudhir @ Sudhir Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
"39. In our considered opinion criminal proceedings cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr.P.C. only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings. As observed above, the possibility of retaliation on the part of the petitioners by the acts alleged, after closure of the earlier criminal case cannot be ruled out. The allegations in the complaint constitute offence under the Attrocities Act. Whether the allegations are true or untrue, would have to be decided in the trial. In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence............." In fact while exercising the inherent jurisdiction under Section 482 Cr.P.C. or while wielding the powers under Section 226 of the Constitution of India the quashing of the complaint can be done only if it does not disclose any offence or if there is any legal bar which prohibits the proceedings on its basis. The Apex Court decisions in R.P. Kapur Vs. State of Punjab reported in AIR 1960 SC 866 and State of Haryana Vs. Bhajan Lal reported in 1992 SCC(Cr.) 426 make the position of law in this regard clear recognizing certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Considering the facts and circumstances of the case, this Court finds that the present matter does not fall in any of the categories recognized by the Apex Court, which might justify interference by this Court in order to quash the proceedings. Therefore, the prayer for quashing the summoning order dated 13.01.2014 as well as the entire proceedings of aforesaid complaint case is refused as I do not see any abuse of the court's process either. The present application lacks merit and is, accordingly, rejected. Order Date :- 14.10.2022 Jitendra/- Digitally signed by JITENDRA KUMAR YADAV Date: 2022.10.17 16:43:44 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Mr. Jata Shankar Maurya, Advocate holing brief of Mr. Gyanendra Kumar Singh, learned counsel for the applicant requests to pass over the case. The present case has been filed in April, 2022. Heard Mr. Pankaj Srivastava, learned A.G.A. for the State and perused the entire material available on record. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 13.01.2014 as well as the entire proceedings of Complaint Case No.727 of 2013 (Smt. Malti Devi vs. Satendra & Others), under Sections 302, 201 IPC, Police Station-Mohammadabad, District-Farrukhabad, pending before the court of learned Chief Judicial Magistrate, Farrukhabad. From the record, it is clear that a complaint was filed by the opposite party no.2 on 17.10.2010 with the allegations that the applicant alongwith other persons have murdered Sangram Singh for grabbing his property. After recording the statement under Sections 200 and 202 Cr.P.C., the applicants have been summoned by order dated 13.01.2014. It has further been mentioned that the complaint has been filed against the applicant with false and frivolous allegations. The impugned summoning order has been passed in a mechanical manner. He further submits that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. He, therefore, submits that the summoning order as well as entire proceedings be quashed by this Court as the same is an abuse process of Court. Learned A.G.A. for the State has opposed the submissions made by the learned counsel for the applicant by submitting that there is nothing on record to show as to why the applicant has approached before this Court after a period of nearly seven years when the summoning order has been passed on 13.01.2014, without explaining the delay. He further submits that all the contentions raised by the applicant's counsel relate to disputed questions of fact. From perusal of the records, prima facie, it can not be said at this stage that no offence has been committed by the applicant. I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application. All the contentions raised by the learned counsel for the applicant relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details, which have been touched upon by learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence. The Court can not look into the fact as to whether the allegations in the complaint are true or untrue and the same has to be decided by the trial court, thus no interference is required in such cases as the present one. Even though, the inherent power of the High Court under Section 482 Cr.P.C., to interfere with criminal proceedings is wide, such power has to be exercised with circumspection, in exceptional cases. Jurisdiction under Section 482 of the Cr.P.C. is not to be exercised for the asking. The aforesaid has been held by the Apex Court in the case of State of Haryana and Ors. vs. Bhajan Lal and Ors. reported in 1992 Suppl.(1) SCC 335. The relevant paragraph of the aforesaid judgment reads as under:- "103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice." The following observations has also been made by the Apex Court in the latest judgment of Ramveer Upadhyay & another vs. State of U.P. & another reported in 2022 Livelaw (SC) 396. Paragraph no.39 of the aforesaid judgment reads as under:-