Point of Law: High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save precious court time, which would otherwise be wasted in holding such a trial specially when it is clear that same would not conclude in conviction of accused.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri. Madhukar Maurya, Advocate, holding brief of Sri. Dinesh Kumar Yadav, Advocate for the applicants and Sri. Pankaj Srivastava and Sri. Rakesh Chandra Srivastava, learned Additional Government Advocates appearing for the State and perused the record.

2. By means of the instant application under Section 482 of Code of Criminal Procedure the applicants have prayed for quashing of the complaint lodged as Complaint Case No. 1015 of 2006 titled Raju vs. Basant Lal and Others, pending in the Court of learned Additional Chief Judicial Magistrate, 1st, Aligarh, under Sections 323, 452, 427, 504 and 506 of the Indian Penal Code and all consequential proceedings thereon.

3. On 05-07-2006, one Raju son of Shri Ramdeen, resident of Mohalla Bhagwan Nagar, Police Station Sasni Gate, District Aligarh lodged a complaint alleging that he is a trader of readymade garments and so are the applicants. The complainant and the applicants are known to each other and they have been trading the goods from each other. On 02-07-2006 all the three applicants went to the complainant’s house and demanded goods worth Rs. 20,000/-. The complainant declined their request and demanded payment of Rs. 10,000/- already due from the applicants, upon which the applicants got angry, abused and assaulted him, torn his clothes, broken household goods and caused financial loss of about Rs. 5,000/- to Rs. 6,000/-. Statements of witnesses were recorded under Section 202 of Code of Criminal Procedure and thereafter the summoning order was passed on 16-09-2006.

4. The applicants gave an application dated 27-11-2006 (a copy whereof has been annexed as Annexure No. 4 to the affidavit filed in support of the Application under Section 482) to the District Magistrate, Aligarh stating that the applicant no. 3 Pradeep Kumar is in service of the Postal Department of the Government of India since the year 1995 and he is residing at New Delhi, the applicant no. 2 Satish Kumar is doing private job and the applicant no. 1 also works as an agent. All of them reside at New Delhi and they have never had any relation with Aligarh. Raju son of Ramdeen, Dharamveer son of Pyare Singh and Ram Babu son of Sita Ram, all residents of Aligarh, are hatching a conspiracy for entangling the applicants in false cases. None of the applicants are clothes merchants. Earlier also, an Advocate had sent a notice from Ghaziabad in an attempt to entangle the applicants in a false case. The applicants had sent a reply to the aforesaid notice and upon an inquiry held by the police, it was found that the name and address of the complainant was fictitious. One Chetan Prakash, a neighbour of the applicants has prepared forged documents of the house of the applicant no. 3 and on the basis thereof he has taken a loan in connivance with certain bank officers. Chetan Prakash is a proclaimed offender and upon coming to known about these facts the applicants have filed F.I.R. No. 153 of 2003, under Sections 420, 468, 471, 120-B of the Indian Penal Code and F.I.R. No. 125 of 2003, under Sections 420 and 193 of the Indian Penal Code.

5. The aforesaid Chetan Prakash, his wife Uma, brother Vipin Prakash and their associates are pressurizing the applicants in several ways and on the applicants’ complaint F.I.R. No. 92 of 2005, under Section 506 and 34 of the Indian Penal Code has been registered. As the conspiracy hatched by the aforesaid persons failed in Delhi, they hatched another conspiracy to teach a lesson to the applicants in Uttar Pradesh. In this regard the applicants have given complaints to the police authorities in Ghaziabad and Noida as well as to the Director General of Police, Uttar Pradesh, Lucknow. By means of the aforesaid application the applicants requested the District Magistrate to get a thorough inquiry conducted against Raju resident of Bhagwan Nagar and Dharamveer and Ram Babu residents of Jaiganj. They further stated that in case in the inquiry the applicants ar