SANJAY KUMAR SINGH
Vaibhav Jaiswal – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Ram Raj Pandey, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate assisted by Mr. Ajay Singh, learned Brief Holder representing the State, Mr. Shubham, learned counsel for accused (opposite party nos. 2, 3 and 4).
2. This application under Section 482 Cr.P.C. has been preferred by the complainant-applicant with a prayer to quash the impugned order dated 26.05.2023 passed by the Additional Sessions Judge, Court No. 15, Bulandshahr in Criminal Revision No. 49 of 2023 (Vichitra Gupta and others Vs. State of U.P.) arising out of summoning order dated 29.03.2022 in Complaint Case No. 55 of 2022, under Sections 323, 325, 504, 506, 452 IPC, police station Kotwali City, district Bulandshahr.
3. Brief facts of the case, which are required to be stated are that in an incident which took place on 09.12.2021, applicant/complainant-Vaibhav Jaiswal received injuries, in respect whereof the applicant filed a criminal complaint dated 01.01.2022 in the Court of Chief Judicial Magistrate, Bulandshahr against opposite party nos. 2, 3 and 4. The learned Magistrate, after recording the statements of the complainant and the witnesses under
Litigants must come to the court with candid facts and clean hands, and suppression of material facts is forbidden.
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....
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.
A Magistrate must provide reasons and apply judicial mind when summoning accused in a complaint case, failing which the order is liable to be set aside.
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
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