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1986 DIGILAW 747 (ALL)

Sobha Ram v. State of U. P

1986-09-23

G.B.SINGH

body1986
JUDGMENT G.B. Singh, J. - This is a petition under Section 482, Cr. P.C. for quashing the complaint dated August 23, 1985 Annexure No. 1 and to stay the proceedings pending in the Court of the Chief Judicial Magistrate, Faizabad on the basis of that complaint. From the complaint Annexure No. 1 it appears that Bachchu Lal opposite party No. 3 gave an application to the Superintendent of Police Faizabad on 23-8-1985 on the allegation that the petitioners assaulted the applicant Bachchu Lal by kicks, fists and Dandas on 11-8-1985 at about 8.00 p.m. near the Pushp Raj Cinema and forcibly took away the wrist watch of the applicant. On the alarm raised some persons arrived there due to which the miscreants ran away giving threats to kill the applicant. The applicant went to lodge the report at Police Station Kotwali Faizabad but it was not recorded hence this application. It seems that on that application of Bachchu Lal, opposite party No. 3 a case was registered under Section 329/506, I.P.C. and it is proceeding before the Chief Judicial Magistrate, Faizabad, the present petition under Section 482, Cr.P.C. has been moved on the allegation that the complainant belongs to Faizabad district whereas the petitioners belong to District Bahraich and they could not go to Faizabad to assault and to rob him off his wrist watch. It has been further stated in the petition that 9 dates have been fixed in the criminal case but the trial has not been concluded so far and it is, thus, an abuse of the process of the Court. The petitioners have further stated in the petition that this complaint has been filed with wrong allegations at the instance of Bharosey and Ram Lakhan with whom the petitioners are on litigating terms. Heard arguments. 2. The learned counsel for the petitioners at the time of arguments pressed the aforesaid points which are questions of fact and can be decided after recording evidence in the case. He could not point out any illegality committed by the Magistrate on the basis of which it can be said that the proceedings pending before him is an abuse of the process of the Court. It has not been disputed before me that the petitioners-accused put in appearance before the Magistrate in that case and got themselves bailed out. He could not point out any illegality committed by the Magistrate on the basis of which it can be said that the proceedings pending before him is an abuse of the process of the Court. It has not been disputed before me that the petitioners-accused put in appearance before the Magistrate in that case and got themselves bailed out. The question whether the complaint is false or collusive cannot be gone into in proceedings under Section 482, Cr. P.C. The petitioners have not filed even the copy of the order-sheet to show that the trial is unnecessarily prolonged by the learned Magistrate. The application dated August 23, 1985 moved before the Superintendent of Police Faizabad Annexure No. 1 contains all necessary facts to constitute the alleged offences and it can be safely said that it cannot be quashed on the ground that it does not make out any case against the petitioners. It does not, therefore, appear to be a fit case in which interference can be made in the exercise of inherent powers on the ground that it is the abuse of the process of the court or interference is necessary to secure the ends of justice. 3. The petition is, therefore, summarily dismissed.