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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manoj Bajaj,J.
Ram Surat Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manoj Bajaj, J.
1. Applicants-Accused have filed this application under Section 482 Code of Criminal Procedure for quashing of the Complaint Case No. 1228 of 2011; titled Udai Raj vs. Ram Surat Singh and others, as well as the impugned summoning order dated 27th February, 2016 passed by Additional Chief Judicial Magistrate-II, Faizabad, whereby they have been summoned for alleged commission of offences punishable under Sections 504 and 506 IPC, and the entire proceedings arising therefrom.
2. The facts in brief leading to the petition are that initially on the basis of a complaint given by Udai Raj-opposite party no. 2, a Case Crime No. 42 of 2011, under Sections 419, 420, 467, 468, 471, 120-B, 504, 506 IPC and Section 3(1)(X) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Haiderganj, District Faizabad (Annexure No. 8) was registered, wherein it is alleged that he belongs to a scheduled caste category and is a poor person. The land comprised in Gata No. 638 situated at Village Baintikala, Police Station Haiderganj, District Faizabad is in the name of his mother, and the accused namely Ram Surat Singh alongwith his sons exercis
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.
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
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 has the inherent power to prevent abuse of process and secure the ends of justice, and criminal proceedings should not be permitted to continue if the dispute is purely civil in nature and ....
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 ....
The court emphasized that the exercise of inherent powers under Section 482 Cr.P.C. should be sparingly and circumspectly exercised, and only in the rarest of rare cases.
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