IMPORTANT POINT
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.

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 him for being permitted to have rest, then the accused, Munni Babu abused him by caste specific words, thereafter accused, Chandra Bhan alias Lalla, on being exhorted by Munni Babu took licensee gun of Munni Babu and fired at complainant which hit him on thigh and he became injured. Accused, Amar Singh and Kallu were also present there. They subsequently assaulted the complainant by butt of Rifle. The case was reported by his brother at police station but the report was not lodged in proper manner and charge sheet was filed wrongly under Section 338 IPC and that too against accused Chandrabhan @ Lalla only in which accused got himself saved by confessing the offence of Section 338 IPC after paying Rs.1,000/- as fine. The applicant stated that he was suffering from fire arm injuries received on his thigh and unable to walk.

5. He next submitted that on the similar facts F.I.R. was lodged on 14.04.2000 at the instance of one Raghubir, brother of the injured Lala Ram and same was registered vide Crime No. 40 of 2000, under Sections 307, 504, 506 IPC and Section 3(1) (X) of SC/ST Act. However, the case under Section 307 IPC was not found to be made out during investigation and charge sheet was filed under Section 338 IPC against petitioner No.1 only. The said criminal case was decided on the basis of confession against one of the applicants viz Chandrabhan @ Lalla recorded by learned court below for charge under Section 338 IPC. The present complaint case has been filed only to make pressure on the accused persons after conclusion of police case instituted on same set of facts. He lastly submitted that the prosecution in the complaint case is abuse of process of law and deserves to be quashed.

6. Per contra, learned A.G.A. opposed the prayer made in present application under Section 482 Cr.P.C. and submitted that the filing of complaint case after conclusion of police case instituted on same facts, has been duly explained by the complainant/injured in the complaint itself. The impugned summary order is legally and factually sound and just. It needs no interference in present proceedings.

7. From perusal of material on record, it appears that an FIR was lodged initially in the case at the instance of Raghubir son of Zalim Chamar against the accused Lalla @ Chandrabhan Niranjan, Amar Singh, Munni Babu and Kallu. The accused belonged to same family. The FIR was drawn on the basis of written report filed by the informant vide Crime No.40 of 2000 under Sections 307/504/506 IPC and Section 3(2)(V) of SC/ST (P.A.) Act, at Police Station Ait, District Jalaun at Orai in which an acquisition was made to the effect that on 17.04.2000 at around 3:30 am accused persons abused and intentionally insulted Lalaram, the real brother of the informant when he was taking rest in