SANJAY KUMAR SINGH
Rajpal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. quashing of summoning order challenged. (Para 2 , 3) |
| 2. claims of false implication and counter complaint. (Para 4) |
| 3. state's arguments for maintaining proceedings. (Para 5) |
| 4. scope of section 482 and trial court's role. (Para 6 , 7 , 8) |
| 5. application dismissed for lack of merit. (Para 9 , 10) |
JUDGMENT
Sanjay Kumar Singh, J.
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record with the assistance of learned counsel for the parties.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 02.12.2022 as well as entire proceeding of Complaint Case No. 3520 of 2020, under Sections 323 , 504, 506 IPC, police station Lodha, district Aligarh.
3. It is submitted by the learned counsel for the applicants that marriage of daughter of applicant No. 3 was solemnized with the son of opposite party No. 2 on 01.1.2017. Thereafter, daughter of applicant No. 3 lodged a first information report on 02.4.2021 under Sections 498-A, 323, 504, 506, 354-B IPC and 3/4 of Dowry Prohibition Act against her husband Yogesh Kashyap, Raj Kumari, Lokesh, Mona, Heme
The court emphasized that a Magistrate must apply judicial mind before summoning accused, and inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process.
The powers under Section 319 CrPC are discretionary and extraordinary, to be exercised sparingly and not in a casual and cavalier manner for summoning a person as an additional accused. There must be....
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