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RAHUL CHATURVEDI
Devendra Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Mohit Singh, learned counsel for the applicants, learned AGA for the State and perused the material on record.
2. Since in the instant 482 application, on admitted facts, purely question of law has to be adjudicated, thus without inviting counter affidavit, the present 482 Cr.P.C. application is being decided with the aid and help of learned AGA at the admission stage itself.
3. The question of sustainability of the present 482 Cr.P.C. application against the impugned order of summoning under Sections 147, 148, 323, 354Kha, 452, 504 IPC and Section 3(1)(X) SC/ST Act, P.S. Bilhaur, District Kanpur Nagar pending in the court of Additional District & Sessions Judge, Court No.2/Special Judge, SC/ ST Act, Kanpur Dehat and impugned summoning order dated 19.11.2022 passed by the same court.
4. The extra ordinary powers of this Court has been invoked by the applicants challenging the entire proceeding of SST No. 77 of 2019 (Geeta Devi Vs. Devendra Yadav & others) under the aforesaid sections of the IPC pending in the court of Additional District & Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Dehat including the impugned summoning order dated 19.11.2022.
5.
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
The court clarified the nature of an intermediate order and emphasized the binding nature of legal propositions established by the Hon'ble Apex Court.
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
The inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
Section 202 of CrPC is an enabling provision for the Court to decide on the necessity of summoning accused persons residing outside the territorial jurisdiction, without entailing a detailed trial at....
The judgment established the availability of inherent power of the Court under Section 482 Cr.P.C. and emphasized the necessity for the magistrate to apply their mind before passing the summoning ord....
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
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