RAJEEV MISRA
Chaudhary Pratap Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Amit Daga, the learned counsel for applicants, the learned AGA for State and Mr. Vinay Saran the learned Senior Counsel assisted by Mr. Mehul Khare, the learned counsel for first informant/opposite party-2.
2. Perused the record.
3. Present application under Section 482 Cr.P.C. has been filed challenging Charge Sheet No. 13 of 2020 dated 27.05.2020 submitted in Case Crime No.26 of 2020 under Sections 354B, 323, 504 and 506 I.P.C. P.S. Mahila Thana, District Moradabad, Cognizance Taking Order /Summoning Order dated 24.07.2020 passed by Civil Judge (Junior Division)/F.T.C. (CAW), Moradabad in consequential Criminal Case No. 10426 of 2020 ( State of U.P. v. Chaudhary Pratap Singh and others), under Sections 354B, 323, 504 and 506 I.P.C. P.S. Mahila Thana, District Moradabad as well as the entire proceedings of above mentioned criminal case, now pending in the Court of Civil Judge (Junior Division)/F.T.C. (CAW), Moradabad.
4. Record shows that in respect of an incident, which is alleged to have occurred on 14.01.2020, Smt. Priyanka Chaudhary, first informant/opposite party-2 lodged a delayed F.I.R. dated 08.03.2020, which was registered as Case Crime
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Unexplained delays in lodging FIRs can undermine the prosecution's case, leading to quashing of charges.
Unexplained delay in lodging an F.I.R. can undermine the prosecution's case, leading to quashing of proceedings.
The prosecution cannot proceed where allegations reflect a civil dispute and lack evidence of criminal conduct, as per principles from SC/ST Act precedents.
Continuance of criminal proceedings based on improbable allegations constitutes abuse of process of law.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
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