IMPORTANT POINT
The court established that civil litigation does not absolve criminal liability and that prima facie evidence in an FIR can warrant proceeding with criminal charges.

JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition under Section 482 of the Code of Criminal Procedure, 1973 is made to the charge-sheet dated 20.01.2019 arising out of the FIR No.287 of 2018, under Sections 504, 506 IPC, Police Station Nehru Colony, District Dehradun. Challenge is also made to the summoning order dated 12.03.2019, passed in Criminal Case No.1565 of 2019, passed by the court of 4th Additional Chief Judicial Magistrate, Dehradun (for short, “the case”). By which, the petitioner has been summoned to answer the accusation under Sections 504, 506 IPC.

2. Heard learned counsel for the parties and perused the record.

3. The facts necessary to appreciate the controversy briefly stated are as follows: The case is based on an FIR lodged by the respondent no.2, Manendra Singh Bisht (“the informant”). According to it, on 21.10.2018 at about 01:00 in the afternoon, the petitioner was raising some constructions, but he was throwing the garbage in the premises of the informant. When the informant objected to it, according to the FIR the applicant abused the informant and threatened him to life. Based on the FIR, a case was lodged and after investigation charge-sheet was submitted against the petitioner, in which, on 12.03.2019 cognizance has been taken, which is impugned herein.

4. Learned counsel appearing for the petitioner would submit that no prima facie case is made out against the petitioner, as such. Witness Sarojani Bisht did not see the incident, although according to her, she has called the informant and others at site. It is also argued that a civil suit filed by the petitioner has been decreed, against which the appeals preferred by the informant has been dismissed. It is also argued that at the relevant time when the FIR was lodged, the execution proceeding was pending at the revisional stage.

5. Learned State counsel would submit that the witnesses have supported the prosecution case.

6. Instant petition has been filed under Section 482 of the Code. The jurisdiction, which is much wide, but also guided by the principles of law as laid down by the Hon’ble Supreme Court in umpteen number of cases. The jurisdiction is exercised to make such orders as may be necessary to give effect to any order passed by the court or to prevent abuse of process of any court or otherwise to secure the ends of justice.

7. In the case of State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335, the Hon’ble Supreme Court has illustrated the list of the circumstances under which the jurisdiction under Section 482 of the Code may be exercised. In paragraph 102 of the judgment, the Hon’ble Supreme Court observed as hereunder:-

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purvi