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MAYANK KUMAR JAIN
Piyush Saxena – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Mayank Kumar Jain, J.
1. As both the applications are arising out of same crime number, therefore, they are being decided by this common judgment.
2. Heard Sri Vivek Kumar Shukla, learned counsel for the applicants, Sri Sunil Kumar, learned counsel for the informant in application U/S 482 No. 16827 of 2022 and Sri Sunil Kumar, learned counsel for the applicant, Sri Ramesh Kumar Shukla, learned counsel for the opposite party nos. 2 to 4 in application U/S 482 No. 34641 of 2023 and learned AGA for the State.
3. Perused the record.
4. Application under Section 482 Cr.P.C. No. 16827 of 2022 has been filed for quashing the summoning order dated 07.10.2021, cognizance order dated 07.10.2021 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar, charge sheet dated 21.08.2021 and entire criminal proceeding of Case No. 25825 of 2021 (State Vs. Piyush Saxena and others) arising out of case crime no. 820/2020 under Sections 323, 504, 506, 498A, 377 I.P.C & Sections 3 & 4 of Dowry Prohibition Act, P.S. Bisrakh, District Gautam Buddh Nagar pending before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar.
5. Application under Section 482 Cr.P.C. No. 34641 of 2023 has been fil
The magistrate has the authority to take cognizance of offences based on available evidence, and refusal of medical examination does not negate the possibility of an offence.
The court held that general allegations lacking specifics do not suffice to establish a case under Section 498A IPC, necessitating substantial evidence for taking cognizance.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.
The court emphasized the importance of specific allegations and evidence to establish charges under the IPC and highlighted the magistrate's discretion in taking cognizance of offenses.
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
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