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

1. Heard Sri Shambhavi Nandan, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. 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 with a prayer to quash summoning order dated 28.06.2024 passed in Complaint Case No.17744 of 2021 under Sections 406 IPC, Police Station-Kotwali, District- Jaunpur pending in the Court of Civil Judge (Junior Division) New Court Tenth/Judicial Magistrate, Jaunpur. ₹ ₹

3. O.P. no.2 has filed a complaint case on 22.12.2021 wherein it is alleged that the husband of O.P. no.2 has started plotting business along with applicant and his brother and O.P. no.2 has paid 2,00,000/- to the brother of the applicant and an agreement was prepared between them on 04.06.2020. It is alleged that O.P. no.2 was going to get 4,00,000/-(principal amount plus profit). In the meantime, brother of applicant passed away and post dated cheque given by him to O.P. no.2 was of no use. Thereafter, O.P. no.2 along with her husband went to the house of applicant for demanding her money back, then the applicant used filthy language, assaulted them and also threatened to kill them. After lodging of complaint, statement of complainant and witnesses were recorded u/s 200 and 202 Cr.P.C. and thereafter, summoning order has been passed on 28.06.2024, which has been assailed by the applicant by means of instant application.

4. Learned counsel for the applicant submits that the money was taken by brother of the applicant and there is no entrustment to the applicant, hence, no offence u/s 406 IPC is made out against the applicant. He further submitted that the applicant has never committed any offence as alleged against him. Further submission is that no offence against the applicant is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicant. He also pointed out certain documents in support of his contention.

5. Per contra, learned A.G.A. contended that allegations made in the complaint against the applicant have been fully corroborated by the statements of complainant and witnesses recorded u/s 200 and 202 Cr.P.C. and prima facie case is made out against him. It is further submitted that the Court below has rightly summoned the applicant after properly appreciating the evidence available on the record and no interference is required by this Court in the impugned order as well as the on going proceedings.

6. 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 applicant. 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.

7. 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."

8. 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.

9. 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. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.

10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 15.5.2025 Manish Himwan MANISH HIMWAN High Court of Judicature at Allahabad

1. Heard Sri Shambhavi Nandan, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. 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 with a prayer to quash summoning order dated 28.06.2024 passed in Complaint Case No.17744 of 2021 under Sections 406 IPC, Police Station-Kotwali, District- Jaunpur pending in the Court of Civil Judge (Junior Division) New Court Tenth/Judicial Magistrate, Jaunpur. ₹ ₹

3. O.P. no.2 has filed a complaint case on 22.12.2021 wherein it is alleged that the husband of O.P. no.2 has started plotting business along with applicant and his brother and O.P. no.2 has paid 2,00,000/- to the brother of the applicant and an agreement was prepared between them on 04.06.2020. It is alleged that O.P. no.2 was going to get 4,00,000/-(principal amount plus profit). In the meantime, brother of applicant passed away and post dated cheque given by him to O.P. no.2 was of no use. Thereafter, O.P. no.2 along with her husband went to the house of applicant for demanding her money back, then the applicant used filthy language, assaulted them and also threatened to kill them. After lodging of complaint, statement of complainant and witnesses were recorded u/s 200 and 202 Cr.P.C. and thereafter, summoning order has been passed on 28.06.2024, which has been assailed by the applicant by means of instant application.

4. Learned counsel for the applicant submits that the money was taken by brother of the applicant and there is no entrustment to the applicant, hence, no offence u/s 406 IPC is made out against the applicant. He further submitted that the applicant has never committed any offence as alleged against him. Further submission is that no offence against the applicant is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicant. He also pointed out certain documents in support of his contention.

5. Per contra, learned A.G.A. contended that allegations made in the complaint against the applicant have been fully corroborated by the statements of complainant and witnesses recorded u/s 200 and 202 Cr.P.C. and prima facie case is made out against him. It is further submitted that the Court below has rightly summoned the applicant after properly appreciating the evidence available on the record and no interference is required by this Court in the impugned order as well as the on going proceedings.

6. 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 applicant. 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.

7. 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."

8. 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.

9. 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. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.

10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 15.5.2025 Manish Himwan MANISH HIMWAN High Court of Judicature at Allahabad