Dinesh Chandra vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard Learned Counsel for the applicant and learned A.G.A. for the State-respondent. The present application has been filed for quashing of the proceedings of Complaint Case No. 360 of 2009, u/s 406 IPC, PS Kotwali, district Auraiya pending before the Chief Judicial Magistrate, Auraiya and also for quashing the summoning order dated 06.07.2011 passed in the aforesaid case.

It is contended by the Learned Counsel for the applicant that the present proceeding is nothing, but a counter blast to the proceedings initiated by the applicant against opposite party No. 2, which is bad in law.

It is further contended by the Learned Counsel for the applicant that the applicant has already been enlarged on bail.

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court u/s 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. The State of Punjab, , State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge u/s 239, 245(2) or 227/228, Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial Court.

The prayer for quashing of the proceedings and summoning order dated 06.07.2011 is refused. With the aforesaid directions, this application is finally disposed of.