LOK NATH Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid two applications under Section 482, Cr. P. C. have been filed by the accused persons and the learned Counsel agreed to disposal of the same at the admission stage by a common judgment. In the first case, there are 13 applicants and in the other there are applicants. The learned Counsel for the applicants placed the complaint and submitted that the perusal of the complaint, circumstances and evidence, statements other under Sections 200 and 202, Cr. P. C. and the other documents do not make out any case for the prosecution under sections mentioned in the chargesheet impugned. In the aforesaid cases, the first incident took place on 20-10-90 and the other on 3-9-90. The learned counsel for the applicants submitted that in the first case 13 persons have been arrayed as accused which include a number of ladies and even young girls of their families. Learned Counsel for the applicants submitted that these proceedings are launched merely to harass the applicants and as such, are abuse of the process of the Court. He submitted that just before the incidents, i. e. few months back, some land was purchased by the applicants. The opposite party felt annoyed and the present complaints are nothing but a counter blast due to that annoyance. The complaints are false, fictitious and frivolous, and are liable to be quashed. In support of his submission learned Counsel cited State of Kamataka v. L. Muniswamy and Ors. , AIR 1977 SC 1489. The learned Counsel placed emphasis on paragraph 7 of the said judgement in which the Supreme Court observed that the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court, or that the ends of justice require that the proceeding ought to be quashed. He further reiled on the paragraph 10 of the aforesaid judgement in which it was observed that for the purpose of determining whether there is sufficient ground for proceeding against an accused the Court possesses a comparatively wider discretion in the exercise of which it can determine the question whether the material on record, if under-butted, is such on the basis of which the conviction can be said reasonably to be possible. The other case cited by the learned Counsel is reported in Mohd. Sharif v. State of U. P. and Ann, 1985 ACC (Summary Cases) 46. which is a single judge decision of this Court, pur Court held in the said case that if the allegations in the complaint is inherently im probable, the proceedings are to be quashed. There is no dispute about the proposition of law laid down oy the Supreme Court and this Court. There are a number of other cases on this point. The Supreme Court in State of Bihar v. Muradali Khan and Ors. , 1988 ACC 558 was pleased to observe that the jurisdiction of the High Court under Section 482, Cr. P. C. has to be sparingly exercised with the circumspection. The High Court while exercising power under Section 482, Cr. P. C. should not embark upon detailed enquiry to determine whether or not. 3. There are large number of decisions of the Supreme Court which lay the law to the effect that the High Court has to decide a case under Section 482, Cr. P. C. on bare perusal of the complaint or F. I. R. in question, and if such perusal does not make out any case, it saall be open for the High Court to interfere under Section 482, Cr. P. C. 4. In the case in hand, the learned Counsel placed the entire complaint. On perusal of the complaint it cannot be said that no case is made out for the offences for which the accused persons are summoned. Learned Counsel submitted that women-folk of the families of the applicants would not be armed with deadly weapons. The learned Counsel has misread the evidence of the deadly weapons with which they are alleged to have gone to commit the offences for reaping the harvest. It is not uncommon or unusual for the women folk to accompany the male members of the families when they are going to commit such offences. The case at the moment, however, cannot be said to be a wholly false or fictitious or frivolous. This Court will not examine the other evidence to find out whether the proceedings have been instituted malaciously and vexatiously. In case the accused persons are acquitted in the case and it is found that they were prosecuted malacioulsy and vexatiously, the remedy available is by way of filing a suit for malarious prosecution, as may be advised by the legal experts. At the moment, I am not satisfied that no case is made out and that the prosecution should be quashed. Thus, both the aforesaid applications under Section 482, I. P. C. are rejected. 5. The learned Counsel submitted that since the women-folk of the families of the applicants have been involved in the case, a direction be given to the Court below to exempt their personal attendance from appearance in the Court below. The applicants may move the Court below with such prayer under Section 205, Cr. P. C. However, if such an application is moved, the Court below is directed to consider it and pass order accord ing to law. Further, the observations in this judgment about the factual aspects and appreciation of the evidence shall not have any bearing upon appreciation of evidence of the case in the trial and its final decision. The applications are dismissed summarily. Applications dismissed. .