Court No. - 5 Case :- U/S 482/378/407 No. - 2881 of 2010 Petitioner :- Nisar Ahmad And 3 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- M. Waris Farooqui Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
By means of this petition under Section 482 Cr.P.C. the petitioners have
prayed for quashing the impugned order dated 4.5.2010, passed by C.J.M.
AmbedkarNagar whereby the C.J.M. has ordered to summon the petitioners
for the offence under Sections 323,452,504 and 506 I.P.C. in complaint case
( Tariq Manzoor Vs. Nissar and others) pending in the Court of C.J.M.
Ambedkarnagar and has further prayed to stay the operation and
implementation of the impugned order dated 4.5.2010, passed by him
including proceeding of said complaint case.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
whereas notice against opposite party no. 2 is dispensed with.
Heard learned counsel for the parties and perused the record of the case.
Proceedings which have been sought to be quashed under Section 482
Cr.P.C.pertain to the complaint case ( Tariq Manzoor Vs. Nisar and others )
Case Crime no. 950 of 2009 Police Station Kotwali Tanda, Ambedkarnagar
pending in the court of C.J.M. Ambedkarnagr including the summoning order
for offence under under Sections 147,452,323,504 and 506 I.P.C.
It has been submitted by learned counsel for the petitioners that without
registering the alleged complaint proceedings were initiated and as such the
proceedings are not in accordance with law.
From a perusal of the record it is evident that learned Magistrate vide order
dated 18.2.2010 rejected the final report and ordered to register the said case
as complaint case and matter was fixed for statement of complainant.
Statements under Section 200 and 202 Cr.P.C. have been recorded and the
petitioners have been summoned to face the 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 cognizable 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 everyone that his bail
application be disposed of expeditiusly.
It is, therefore, provided that if the petitioners surrender before the court
below within ten days and move application for their 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 the case of Smt. Amrawati
and another Vs. State of U.P. reported in 2005CBC 705.
With the aforesaid direction/ observation this petition is disposed of finally.
Order Date :- 9.7.2010
Tripathi