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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Sarfaraj – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application under section 482 crpc filed. (Para 2 , 3 , 4 , 5) |
| 2. details of incidents and complaints discussed. (Para 8 , 9 , 10) |
| 3. contradictions in witness statements noted. (Para 12 , 13 , 14 , 15 , 16) |
| 4. explanation of rioting and mischief in ipc. (Para 21 , 22 , 23) |
| 5. absence of criminal intent established. (Para 30 , 31) |
| 6. court finds abuse of process of law. (Para 33 , 39 , 40) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard Sri Mohammad Ahmad, learned counsel for the applicants, learned A.G.A. for the State and Sri Rakesh Kumar Maurya, learned counsel for the respondent No.2.
2. The instant application under Section 482 of Code of Criminal Procedure, 1973 (here-in-after referred as CrPC) has been filed for setting aside the summoning order dated 13.04.2021 passed by learned Additional Civil Judge (Junior Division) / Judicial Magistrate, Raibarelly in Complaint Case No.9/2019 (new Case No.22/2019); Mohd. Ismayl Khan Vs. Sarfaraj and Others, under Sections 147 , 427, 504, 506 I.P.C., Police Station Jayas, District Amethi pending in the court of learned Fast Track Court / S.D., Raibarelly and the order dated 18.04.2022 passed by learned Fifth Additional District and Sessi
The court emphasized the necessity for consistent evidence in summoning orders and declared the proceedings an abuse of process due to contradictions and retaliatory motives behind the complaint.
The main legal point established in the judgment is the requirement of intentional insult to provoke a person to break the public peace or commit any other offence under section 504 I.P.C.
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
The judgment establishes that mere abusive language does not suffice to constitute an intentional insult under Section 504 IPC, and that the essential elements of criminal intimidation must be clearl....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
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