EICHER TRACTOR LTD Vs. HARIHAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order of a learned Single Judge of Allahabad High Court dismissing the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). By the said petition appellants had prayed for quashing the proceedings initiated on the basis of complaint filed by respondent No.1 and the order of learned Civil Judge, Junior Division/Judicial Magistrate, R. S. Ghat, Barabanki, dated 8th February, 2005 taking cognizance of offences punishable under Sections 420, 468 and 471 of the Indian Penal Code, 1860 (in short the 'IPC') and issuance of summons to the appellants. The learned magistrate recorded statements of the complainant under Section 200 of Code as well as of the witness under Section 202 of the Code and thereafter issued summons to the appellants to start proceedings. The appellants took the stand that the proceedings were nothing but an abuse of the process of Court. It was pointed out that the summons issued were never served and bailable warrant of arrest and subsequently non-bailable warrant has been issued and even proceedings under Section 82 of the Code have been initiated. The High Court accepted that without service of summons the issuance of bailable as well as non-bailable warrant was uncalled for. It was also directed that the proceedings initiated under Section 82 of the Code was to be stayed and on the appellants appearing before the concerned court the proceedings shall continue. The application was accordingly disposed of.

(3.) Learned counsel for the appellant submitted that the background facts clearly show that the proceedings were initiated with a view to harass the appellants and as a counterblast to the proceedings initiated by the appellants. The order is supported by learned counsel for the respondent No.1.