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Allahabad High Court · body

2015 DIGILAW 1482 (ALL)

Jagat Narain Katiyar v. State of U. P.

2015-06-02

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Supplementary affidavit filed today, is taken on record. 2. The instant application under Section 482 CrPC has been filed seeking quashing of the complaint case no.1191 of 2012 as well as summoning order dated 6th March, 2013, passed by the Court of Chief Judicial Magistrate, Kannauj, under Sections 323, 307, 504 and 506 IPC, police station Kannauj, district Kannauj. 3. From a perusal of the complaint as also the statement recorded under Sections 200 and 202 CrPC a, prima facie, case has been made out to proceed against the applicants for the offences for which they have been summoned. It is important to observe that not only the allegations and the statement of the witnesses have supported the complaint case, but there is injury report also on record which has been proved by examining Dr. B.K. Shukla as CW 3. 4. In view of the above, the prayer of the applicants to quash the complaint and the consequential proceeding including the summoning order cannot be accepted. 5. The submission of learned counsel for the applicants is that there is another dispute with regards to certain payment pending between the parties in which connection there is a criminal case also pending and because of that dispute false allegations have been levelled against the applicants. 6. It is well settled in law that at the stage of proceeding against the accused, after taking cognizance, only a prima facie case, based on the complaint allegations and the statement of the witnesses recorded in support thereof, is to be considered and the correctness and the truthfulness of the statement/allegation cannot be tested. In this case, not only the allegations are there against the applicants, but there is injury report as well to support the complaint case, which has been proved by Dr. B.K. Shukla, who has been examined as CW 3. 7. In view of the above, I do not find any good reason to quash the complaint and the consequential proceeding, including the summoning order. The application is dismissed.