KAILASH CHAUDHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Misc. Application on hand is a petition under Section 482, Cr. P. C. filed for quashing the complaint dated 8-12-92 (Annexure 1) instituted by respondent No. 2, namely, Ramji Chaudhary. The quashing of the complaint is sought inter alia, on the grounds that the complaint is baseless, vexatious and concocted and that it discloses no offence against the applicants under Sections 147 / 452 / 323 / 504 / 506, I. P. C. It is alleged in the application that the learned Magistrate has taken cognizance of the offence and summoned the applicants under Section 190 read with Section 204 of the Code of Criminal Procedure by means of the order dated 11-2-93 in a mechanical manner without application of mind and that the issue of process by the learned Magistrate in the instant case amounts to an abuse of the process of law / Court.

(2.) Sri R. C. Yadav holding brief of Sri K. S. Kushwaha, learned counsel appearing for the applicant urged that the complaint in the instant case is false, frivolous and vexatious besides being baseless and has been instituted solely with a view to harassing and harrowing the applicants. The learned Magistrate issued the process under Section 204 of the Code, process the argument, in a mechanical manner without applying his mind as to whether or not the complaint disclosed any offence and whether there were sufficient grounds to proceed against the applicants. Sri Yadav placed reliance upon a decision of this Court (Hon. D.P.S. Chauhan, J.) in Modi v. R. K. Sharma. (1991) 28 All Cri C 247 and a decision of the Supreme Court in Mrs. Dhana Laxmi v. R. Prasanna, (1990) 27 All Cri C 39 : (1990 Cri LJ 320) and urged that on the grounds aforesaid the complaint in the instant case is liable to be quashed by this Court under Section 482, Cr. P. C.

(3.) The petition in hand raises two questions of considerable importance as to what is the nature, scope and ambit of the powers of a Magistrate under Sections 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973; and whether an order issuing process under Section 204 of the Code of Cr. Procedure by a Magistrate taking cognizance of an offence under Section 190(1)(a) is amenable to inherent jurisdiction of the High Court under Section 482, Cr. P. C.