[2006(2) ADJ 586 (All)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
SUKHPAL AND OTHERS ....Applicants
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Criminal Misc. Application No. 859 of 2006,
decided on 14th February, 2006)
(B) Criminal Procedure Code, 1973—Sections 482, 200, 202, 156 and 161—Penal Code, 1860—Sections 147, 148, 323, 324, 504, 506, 307 and 392—Complaint case—Petition under Section 482, seeking quashing of criminal proceedings against applicants—Contention cannot be accepted that trial Court should have followed procedure of complaint case, and should have recorded statements of witnesses under Sections 200 and 202, Cr.P.C., before summoning applicants as accused as it has taken affidavits filed, in support of protest petition into consideration—Affidavits filed by witnesses, recited that final report be rejected and applicants be summoned—In none of affidavits, it was said that accused be summoned, ignoring investigation, conducted by police—And it also, does not show any other materials that was contained in case diary—Therefore, procedure adopted by Magistrate in directing police to register F.I.R. against applicants, cannot be faulted with. [Paras 8, 9, 10 and 11]
(C) Words and phrases—Expression “any other material”—Meaning of, in context of Sections 190, 200 and 202, Cr. P.C., 1973. [Para 13]
Honble Vinod Prasad, J.—Four applicants Sukhpal, Sanju alias Sanjeev, Jeete and Sonu, all the residents of village Kushawali, P.S. Sardhana, district Meerut have invoked inherent power of this Court under Section 482, Cr.P.C. with the prayer of quashing of criminal proceedings pending against them being criminal case No. 521/9 of 2005, State v. Sukhpal and others under Sections 323, 324, 504, 506, 307 and 392, IPC, P.S. Sardhana, district Meerut. The ancillary prayer is for stay of further proceedings of the aforesaid case pendente lite.
2. The factual matrix encapsulated, as is perceptible from the pleadings is that the respondent No. 2 Bhawar Singh filed an application under Section 156 (3), Cr.P.C. (application No. 182/2005) before the Judicial Magistrate, Sardhana, district Meerut, under Sections 147, 148, 323, 324, 504, 506, 307 and 392, IPC, with the allegation that he and the present applicants were the resident of village Kushawali. He was a farmer and peace-loving citizen, whereas the applicants were quarrel some persons. A drain was bone of contention between them hankering inter-se enmity. On 12-6-2005 at 6 p.m. respondent No. 2 Bhawar Singh and his brother Chandra Pal were returning, on a tractor, after dumping wheat in the house of his another brother Bhopal Singh and when they reached near Madaiya Ki Paith, applicant No. 1 armed with Soth, applicant No. 2 armed with Farsa and applicants No. 3 and 4 armed with lathies, forcibly stopped the tractor pulled down Chandra Pal and belaboured him because of aforesaid animosity. On hue and cry being raised, witnesses Ghanshyam, Gajendra and Sanjiv and many passers by assembled and saved his brother Chandra Pal otherwise he would have been done to death. The assailant while escaping, committed robbery of Rs. 1,500/- from them and also threatened them to desist from lodging the FIR otherwise they will be implicated in a false case. Bhawar Singh brought injured to Pyarey Lal Sharma Hospital Meerut where, finding his condition to be grievous, he was admitted in emergency after giving first aid as doctor found his injuries dangerous to life. After being admitted in emergency for 24 hours, he was discharged on 13-6-2005. Respondent No. 2 sent a telegramme to SSP, Meerut that day itself and endeavoured, in vain, to get his report lodged. No other way being in sight he wielded the power of the Magistrate through an application under Section 156 (3), Cr.P.C. (Annexure 1), on 1-7-2005, appending therewith the copy of telegramme sent to the SSP, Meerut, copy of the application sent to the DIG, Meerut, alongwith the medical report, discharge slip and x-ray report of the injured Chandra Pal with the prayer that the police of P.S. Sardhana be directed to take action against culprits by registering FIR. Under the orders of the magistrate, the FIR Crime No. 11 of 2005, under Sections 323, 324, 307, 504, 506 and 392, IPC (Annexure 2) was registered at police station Sardhana district Meerut on 8-7-2005 at 5.00 p.m. against the applicants. The medical examination of the injured, dated 12-6-2005 shows two incised wounds on his head for which x-ray was advised but no fracture was detected under the injury. The police during the course of investigation recorded the statement of respondent No. 2 Bhawar Singh (informant), Dr. K.K. Karauli (who had examined the injured), Chandra Pal (injured), and witnesses Ghanshyam, Gajendra Singh and Sanjiv, who all supported the allegation of assault made by the applicants. Two other persons, Pratap and Hemant alias Hem Singh, however, did not support the prosecution case. After recording the said statements, the I.O. opined the incident to be false and consequently submitted a final report on 14-8-2005 in the Court of Judicial Magistrate, Sardhana. The informant, respondent No. 2 filed a detailed protest petition against acceptance of the final report on 14-12-2005 mentioning therein that the IO, ignoring the injuries and the statements of the injur
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