Sardar Harjit Singh and Others vs State of U.P. and Another

S.K. Phaujdar, J.—Heard the learned Counsel for the applicant and the learned Counsel for the complainant.

This is an application u/s 482, Code of Criminal Procedure for quashing a cognizance in a Complaint Case No. 1529 of 1992 pending before the ACJMI Ind, Saharanpur, one Tajinder Kaur filed a complaint against Sardar Harjit Singh and three others for offence under Sections 498A and 406, I.P.C. The copy of the order-sheet that has been filed before me indicates that the complainant was examined u/s 200, Code of Criminal Procedure, two witnesses were examined u/s 202, Code of Criminal Procedure and on consideration of the evidence before it, the Court summoned Harjeet Singh, Harbans, Kayr Raghubir and Harbinder Singh u/s 498A, I.P.C. This order of cognizance and summons has been challenged in this Section 482, Code of Criminal Procedure proceedings and the proceedings before the court below were stayed.

The learned Counsel for the applicant proposes to rely on certain documents filed alongwith his affidavit to say that the case was a false one and there was no question of demand of dowry and the real grievance between the husband and wife was the alleged impotence of the husband. I am afraid, it was not possible legally to accept the defence papers at this stage and thereby to shift the forum of trial from the court of the Magistrate to the High Court and to conduct a trial before the actual trial takes place before the Magistrate. This Court is only to see if the complaint and the statements of the witnesses did make out a prima facie case u/s 498A, I.P.C. On a reading of the complaint, I find that prima facie allegations are there. The statements u/s 202 or 200, Code of Criminal Procedure given by the complainant and her witnesses have not been placed before me and I must, therefore, rely on the finding of the court below that prima facie materials were there in such statements. The powers u/s 482, Code of Criminal Procedure are not to be used to stall a criminal prosecution at the initial stage when the court below, competent to take up a complaint, has found a prima facie case. This Court could quash the orders of summons and cognizance if at all there was absolute lack of materials for cognizance or summons. It is not such a case.

The present application u/s 482, Code of Criminal Procedure accordingly stands dismissed.