Court No. - 5 Case :- U/S 482/378/407 No. - 2970 of 2010 Petitioner :- Sri Kishen Gupta And 4 Others Respondent :- State Of U.P. Thru. Secy. Home And Another Petitioner Counsel :- Ashish Tripathi,Surendra Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed for quashing the
operation of summoning order dated 22.1.2010, passed by Additional Chief
Judicial Magistrate V, Unnao in Case No. 262 of 2009 under Sections 498-A,
323,504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Aasivan,
district Unnao.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
record of the case.
Notice against opposite party no. 2 is dispensed with.
It reveals from the perusal of the record that statements under Section 200
and 202 Cr.P.C. were recorded at length by the court below and statement of
complainant under Section 200 Cr.P.C. stands corroborated with the statement
of witnesses recorded under Section 202 Cr.P.C. Considering the sufficient
material , learned trial court summoned the accused to face trial. It is settled
law that inherent power to quash the proceedings should not be exercised to
stifle the legitimate prosecution. It would be erroneous to assess the
reliability of the witnesses at this stage. A perusal of the record prima facie
discloses the commission of offence. There is nothing on record to show that
proceeding is malafide, frivolous or vexatious. In these circumstances there
appears no sufficient ground to interfere in the matter and the progress of the
trial before the court below.
In the end, learned counsel for the petitioners confines his prayer for
expeditious disposal of the bail application in case the applicants surrender
before the court below. No doubt it is the right of every one that his bail
application be disposed of expeditiously.
It is, therefore, provided that if the petitioners surrender before the court
below within ten days and move an application for bail, the same shall be
considered and disposed of by the courts below expeditiously in the light of
the law laid down by Full Bench of this Court in case of Smt. Amrawati and
another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid observations, the petition is disposed of finally.
Order Date :- 23.7.2010/Tripath