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Saleem Khan And Another vs State Of U.P. And Another on 2 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 87

Case :- APPLICATION U/S 482 No. – 46990 of 2019

Applicant :- Saleem Khan And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Faizur Rahman

Counsel for Opposite Party :- G.A.

Hon’ble Virendra Kumar Srivastava,J.

The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 24.8.2018 passed by the Judicial Magistrate, Bhognipur Kanpur Dehat as well as bailable warrant dated 18.11.2019 passed in Complaint Case No. 44 of 2018 (Smt. Yasmeen Vs. Saleem Khan and another), under Sections 498A, 323, 504 and 506 I.P.C., Police Station-Satti Kanpur Dehat.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that applicants are husband and mother-in-law of opposite party no.2; and they have been falsely implicated due to matrimonial dispute. Learned counsel further submits that applicants have not committed any offence and whole criminal proceeding is nothing but to abuse of process of law which is liable to be quashed.

Learned A.G.A. vehemently opposed and submits that specific allegation has been made against the applicants for beating to opposite party no.2 and causing injury to her with hurling abuses and threatening her life. Learned A.G.A. further submits that at this stage veracity and truthfulness of the case cannot be adjudged.

Hon’ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir Ors. Vs. State of Gujrat AIR 2017 SC 4843, Sav. Kamal Shivaji Pokernaker Vs. State of Maharashtra AIR (2019) SC 847 after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.

From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage that no cognizable offence is made out against the applicants. All the submissions made by the learned counsel for the applicants relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the summoning order dated 24.8.2018 and warrant dated 18.11.2019 is refused.

However, if the applicants surrender before the court concerned within thirty days and apply for bail, their bail application may be disposed of expeditiously as possible, preferably on the same day.

With the aforesaid observation, the application is disposed of finally.

Order Date :- 2.1.2020

OP

 

 

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