JYOTSNA SHARMA
Judith Maria Monika Killer @ Sangeeta J. K. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner, Sri Surendra Yadav, learned counsel for the respondent and learned A.G.A. for the State.
2. This petition under Article 227 has been filed challenging the order dated 24. 09.2021 passed by Chief Judicial Magistrate in Complaint Case No. 8564 of 2018 (Dashrath Kumar Dixit Vs. Sangeeta J.K) summoning the accused under section 504 I.P.C. and further to set aside order dated 31.05.2023 passed in Criminal Revision No. 280 of 2021 by which the summoning order was affirmed. A further relief of quashing the entire proceedings of the complaint case has also been sought by means of this petition.
3. The relevant facts are as below.
Dashrath Kumar Dixit (the respondent herein) filed a complaint case against Sangeeta J.K., Executive Director, Kiran Society and ten others under section 500 I.P.C. with the allegations in brief as below:-
That the complainant is an Advocate and has been working for the welfare of handicapped weaker sections and for human rights and is also a R.T.I. activist. Kiran Society has been obtaining funds from foreign countries in the name of welfare of handicapped people, but they have been misusi
Fiona Shrikhande Vs. State of Maharashtra and Another 2013 14 SCC 44
Fiona Shrikhande vs. State of Maharashtra and Another
Pepsi Food Limited and another vs. Special Judicial Magistrate and others
The main legal point established in the judgment is the requirement of intentional insult to provoke a person to break the public peace or commit any other offence under section 504 I.P.C.
The court emphasized the necessity for consistent evidence in summoning orders and declared the proceedings an abuse of process due to contradictions and retaliatory motives behind the complaint.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.