SUBHASH Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) THIS application u/s. 482 Cr.P.C. has been filed for quashing the summoning order dated 10.01.2013 passed by learned Judicial Magistrate -Ist, Bulandshahar, in Complaint Case No. 1149 of 2012, u/s. 406 I.P.C., P.S. B.B. Nagar, District Bulandshahar, pending in the court of learned Judicial Magistrate -Ist, Bulandshahar. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record

(2.) THE submissions made by the learned counsel for the applicant involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded.

(3.) THE quashing of the complaint can also be done only if it does not disclose any offence or if there is any legal bar which prohibits the proceedings on its basis. The Apex Court decisions in R.P. Kapur Vs. State of Punjab : AIR 1960 SC 866 and State of Haryana Vs. Bhajan Lal : 1992 SCC (Cr.) 426 make the position of law in this regard clear.