Radhe Mishra vs State Of Uttarakhand And Another

R.C. Khulbe, J

This application is filed under Section 482 Cr.P.C. seeking to quash and set aside the charge sheet dated 13.06.2019 as well as summoning order

dated 01.07.2019 passed by the Civil Judge (Jr. Division)/J.M., Narendra Nagar, District Tehri Garhwal, in Criminal Case No.334 of 2019, (Case

Crime No.06 of 2019), “State Vs. Ishwar Shukla and anotherâ€​.

The brief facts of the case are that, an FIR was lodged on 05.01.2019 with P.S. Muni-Ki-Reti, District Tehri Garhwal by the informant-Sakti Tyagi

against the present applicant and co-accused with the allegation that on 04.01.2019 Ishwar Shukla along with present applicant came at Café House

and demanded money from the informant regarding publication of news items.

The respondent (informant) has appeared before this Court and submitted that the compromise has taken place between the parties; in fact the said

FIR was lodged on the misconception of facts against the applicant; it is also submitted that no such demand was raised by the present applicant.

Learned counsel for the State submitted that as per the statement recorded under Section 161 Cr.P.C., the present applicant called the informant on

04.01.2019, at that time the co-accused was also present.

From the perusal of the record, there is no evidence that the present applicant was editor; there is no evidence on record that, he raised a demand

of ransom from the informant and there is no call detail.

Moreover, the Hon’ble Supreme Court in the case of State of Haryana and others v. Bhajan Lal & others, reported in 1992 Supp (1) SCC

335, have considered, in detail, the provisions of Section 482 Cr.P.C., and the power of the High Court to quash criminal proceedings or FIR. The

Hon’ble Supreme Court summarized the legal position by laying the following guidelines to be followed by High Courts in exercise of their inherent

powers to quash a criminal complaint: -

“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.

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

purview of Section 155(2) of the Code.

Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the

commission of any offence and make out a case against the accused.

Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is

permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which, no prudent person

can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal

proceeding is instituted) to the institution and continuance of the proceedings and/or, where there is a specific provision in the Code or the

concerned Act, providing efficacious redress for the grievance of the aggrieved party.

Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior

motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Considering the facts of the present case, in light of the aforesaid judgment, I am of the view that no ‘prima facie’ case is made out against

the applicant under Sections 384, 385, 388 and 120-B IPC.

Accordingly, the instant misc. application is allowed and the entire proceedings of Criminal Case No.334 of 2019, (Case Crime No.06 of 2019)

State Vs. Ishwar Shukla and another, are hereby set aside qua the present applicant.

Pending application, if any, also stands disposed of.