DHOOP NARAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicants, learned A.G.A. and perused the record. The accused -applicants, through the present application under Section 482, Cr. P.C., have invoked the Inherent Jurisdiction of this Court with the prayer to quash the entire proceedings of Criminal Case No. 1913 of 2010. State v. Dhoop Narayan and others, pending in the court of C.J.M., Ambedkar Nagar and the order dated 18.5.2010, passed therein summoning the applicants for facing trial in the aforesaid case.

(2.) IN short, one Parasnath (O.P. No. 3) moved an application under Section 156 (3). Cr. P.C. before the C.J.M., Ambedkar Nagar stating therein that his wife Smt. Phoolwati is a mentally disturbed lady and the accused Dhoop Narayan and others taking advantage of her illness dishonestly induced her to execute bainama of her land in their favour without any consideration. Thus, the accused persons committed forgery and cheating with the complainant and his wife. Pursuant to the order passed on the said application by C.J.M., a case at Crime No. 109 of 2006 under Sections 419, 420, 467, 468 and 506, I.P.C. was registered against the accused -applicants at P.S. Jaitpur district Ambedkar Nagar. The matter was investigated. On completion of investigation, the police forwarded final report to the effect that during investigation no case was made out against the accused persons.

(3.) THE main contention raised on behalf of the applicants is that the learned Magistrate, without holding any enquiry under Sections 200 and 202. Cr. P.C. as required upon the original complaint or protest petition treating the same as complaint, has taken cognizance in the case as if on police report on the basis of protest petition and the affidavits filed in support thereof, which were not the part of the final report and by his order dated 18.5.2010 has Issued process against the applicants for trial which is against all legal norms and settled principles of law and procedure, therefore, is invalid and is liable to be quashed.