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VIKRAM D. CHAUHAN
Dhirendra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present application under section 482 of the Code of Criminal Procedure, 1973 is preferred challenging the summoning order dated 7.12.2016 passed by the Judicial Magistrate, Bhognipur, District – Kanpur Dehat, in Complaint Case No 877 of 2016 (Baburam Vs. Dhirendra and others) under section 379, 504, 506 of Indian Penal Code at Police Station – Bhognipur, District - Kanpur Dehat (U.P.).
3. In the present case, the complainant-opposite party no.2 preferred a complaint against the applicants on 2.8.2016. A copy of the complaint is filed as annexure-2 to the application. The allegations as per above-mentioned complaint is that the complainant is a resident of Village-Gaurikaran, Police Station –Bhognipur, District–Kanpur Dehat. It is further alleged that on 21.5.2016 complainant had tied up his goat just outside his house and went out of village at about 8 AM. When the complainant came back to the village on the same day at 12 o’clock and reached his house, he found that his goat was missing. When complainant started searching for his goat then he was informed by neighbours,
The judgment emphasized the importance of prima facie evidence to support summoning orders under the Indian Penal Code and highlighted the essential elements of theft, criminal intimidation, and inte....
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
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.
The court established that proceedings can be quashed under Section 482 Cr.P.C. if the allegations do not prima facie constitute an offence and if the proceedings are found to be initiated with mala ....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
The main legal point established in the judgment is that a civil dispute does not get converted into a criminal offence without satisfying the essential elements of the alleged provisions, and there ....
The court emphasized that allegations lacking evidence do not justify the summoning of accused, highlighting the necessity of due diligence by the Magistrate under Section 482 of the CrPC.
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.
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