Kailash Narain Mishra and Others vs State of U.P.and Another

Ravindra Singh, J.—Heard Sri R.O.V.S. Chauhan, learned Counsel for the applicants, learned A.G.A. and Sri U.C. Misra, learned Counsel for O.P. No. 2.

This application has been filed with a prayer to quash the proceedings of complaint case No. 857 of 1997 pending in the Court of learned C.J.M. Etawah under Sections 323, 504 and 506 I.P.C.

It is contended by the learned Counsel for the applicants that in the present case one the complaint dated 281997 has been filed by the O.P. No. 2 Krishna Chandra Tiwari thereafter his statement was recorded under Section 200 Cr.P.C. and the statement of witnesses Sunil Kumar and Surendra Kumar Tiwari were recorded under Section 202 Cr.P.C., considering the same the learned Magistrate concerned took the cognizance and summoned the applicants to face the trial for the offences punishable under Sections 323, 504, 506 I.P.C. On 11111997, prior to that the applicant Dharmendra Kumar Misra had lodged an F.I.R. in case crime No. 282 of 1995 under Sections 323, 504 and 506 I.P.C. in which Rajjan Tiwari alias name Krishna Chandra Tiwari has been chargesheeted. Ramji alias name of O.P. No. 2 Krishna Tiwari. The chargesheet has been submitted on 3012 1995. In its counter blast O.P. No. 2 lodged a complaint dated 2 81997 against the applicant. The complaint is based on false and frivolous allegations and in this case nobody has received any injury and nobody was medically examined.

It is further contended that on the basis of the allegations made against the applicants no offence under Sections 323, 504 and 506 I.P.C. is made out but the learned Magistrate has summoned the applicants on the basis of the complaint and the statement of O.P. No. 2 recorded under Section 200 Cr.P.C. and the statement of witness Sunil and Surendra recorded under Section 202 Cr.P.C. on 11111997 as such the order of the learned Magistrate taking cognizance and summoning the applicant to face the trial is illegal and it is liable to be set aside. In such circumstance, the proceedings of complaint case No. 857 of 1997 pending in the Court of learned C.J.M. may be quashed.

In reply to the above submissions, it is submitted by the learned A.G.A. that the F.I.R. has been lodged by Dharmendra Kumar Misra on 26101995. In case, any complaint was to be lodged by O.P. No. 2 in its counter blast, it would have been lodged immediately, therefore, the present complaint is not counter blast of the case crime No. 482 of 1995 lodged by Dharmendra Kumar Misra at P.S. Kotwali District Etawah on 2610 1995 and on the basis of the allegations made in the complaint, in the statement of the complainant and two other witnesses prima facie offence is made out. There is no procedural mistake in taking cognizance and summoning the applicants. The impugned order dated 11111997 is not illegal. It is a perfect order, which has been affirmed by the revisional Court given vide order dated 1942001 in Criminal Revision No. 173 of 2000 whereby the revision filed by the applicants was dismissed.

Considering the facts and circumstance of the case and the submissions made by the learned Counsel for the applicants and the learned A.G.A. and learned Counsel for O.P. No. 2 and from the perusal of record, it appears that the learned Magistrate has not committed any procedural mistake in taking cognizance and summoning the applicants on the basis of the allegations made against the applicants, a prima facie, offence is made out. Therefore, the prayer for quashing the complaint is refused.

Accordingly this application is dismissed.