BRIJESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 1322 of 2009(State Vs. Brijesh Kumar) under Section 193 IPC, P. S. Civil Lines, district Aligarh pending in the court of Chief Judicial Magistrate, Aligarh.

(2.) Submission of the learned counsel for the applicant is that enquiry under Section 340 Cr. P.C. was not made, therefore, complaint filed against the applicant and entire proceeding adopted in the trial court is abuse of process of law. It was further argued that without any enquiry made by the court concerned under Section 340 Cr.P.C. a complaint cannot be filed for the offence under Section 193 IPC. At this stage learned counsel for the applicant placed reliance on the two cases of this Court reported in (Kailash Narain Arora Vs. State of U. P. and others,2013 1 DNR 111) and (Barkat Ahmad Siddiqui Vs. State of U. P.,2012 1 DNR 369).

(3.) Learned A.G.A. argued that the complaint was filed by the court in official capacity, therefore, there was no need to examine the witnesses as is clear from the proviso under Section 200 Cr.P.C. The court concerned while cancelling the bail of the applicant on 22.2.1999 specifically ordered for registering a criminal misc. case issuing show cause notice against the applicant about the wrong done by him. After due enquiry the complaint was filed. Trial court has rightly rejected the prayer of the applicant. There is no illegality or infirmity in the order.