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RAM MANOHAR NARAYAN MISHRA
Chandra Bhan Alias Lalla – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. As per office report dated 20.08.2024, notice has reportedly been served on opposite party no.2 personally.
2. Heard Sri Akshay Raj Singh, Advocate holding brief of Sri Pradeep Chandra, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. In the instant application filed under Section 482 Cr.P.C., the applicants have prayed to quash the summoning order dated 20.04.2009 passed by Judicial Magistrate, Jalaun in Complaint Case No.70 of 2009, under Sections 307, 504, 506 IPC and Sections 3 (1) (x) of SC/ST Act P.S. Ait, District Jalaun and also to quash the entire proceedings in Complaint Case No.70 of 2009 with regard to said matter.
4. Learned counsel for the applicants submits that opposite party no.2 Lala Ram filed a complaint case with averments that he belongs to scheduled caste category and he was working as a labourer in the field of Munni Babu, who is a co-villager. He was subjected to forced labour, day in and day out. In the intervening night of 17/18.04.2000 at 3:30 hours when opposite party no.2 was taking rest in Khalihan of Munni Babu, he asked him to come and do work whereupon he requested hi
The court ruled that a subsequent complaint based on previously resolved allegations constitutes an abuse of process, justifying its quashing under Section 482 Cr.P.C.
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 court emphasized the importance of evaluating the credibility of allegations and exercising inherent powers to prevent abuse of the legal process.
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Point of law : Insulting/hurting anyone’s feelings on account of his caste, religion, tribe, language, etc., deprecated. The learned counsel referring these judgments vehemently contended that the co....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court emphasized that discrepancies in the complainant's case and the defense raised by the accused could be appreciated at the stage of trial, and the existence of other disputes between the par....
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