JOGINDER SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) In this case, respondent No. 2 - M.K. Sharma lodged the First Information Report under Sections 332/5/04 and 506 of I.P.C. at Thana Pant Nagar, District Udham Singh Nagar implicating the present applicant. Thereafter, the police after investigating the case submitted its charge-sheet against the applicant. Subsequently the case was registered as Criminal Case No. 4576 of 2012, which is now pending in the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, as the learned Magistrate has taken cognizance in the matter, summoning the present applicant. Hence the applicant preferred the present application invoking inherent jurisdiction of this Court under Sec. 482 Cr.P.C.

(2.) After perusing the petition and the documents available on record as well as the counter affidavit filed by respondent No. 2, this Court is of the opinion that the First Information Report does not even disclose any offence under the above sections, on which a case has been registered. It has been stated in the FIR that the complainant was talking to one, Sushant Kumar, in which the conversation was to the effect that these days anyone can record a conversation, though it is a crime. The present applicant immediately thereafter came to the office of the complainant and declared that he has recorded his conversation and he may do whatever he wants to do against him. He is also said to have abused the complainant, but that has not been elaborated. Thereafter, respondent No. 2 lodged an FIR against the applicant.

(3.) This Court is of the view that neither the police authorities have applied their mind while entertaining the First Information Report nor the learned Magistrate has applied its judicial mind while taking cognizance in the matter. The learned Magistrate, without applying his judicial mind, took cognizance against the applicant under Sections 332/504 and 506 of I.P.C. There is a complete lack of judicial thought in the matter. The First Information Report does not disclose the commission of any offence, cognisable or non cognisable.