MANJU SAXENA Vs. STATE OF UTTAR PRADESSH

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. The facts alleged in the application are that Smt. Manju Srivastava was married to one Mohan Babu Saxena and the present applicant Km. Manju Saxena is the sister of Mohan Babu Saxena. It seems that there were some differences between Smt. Manju Srivastava and her husband and his relations of other side. Due to it she had to be taken away by her father with the help of police. In this respect Smt. Manju Srivastava lodged a First Information Report with the police, which was under investigation. Before it could be finalised according to the application, Smt. Manju Srivastava then a complaint against her husband and in laws including the present applicant. That complaint is said to have been dismissed under section 203 Cr. P.C. Thereafter the police submitted a final report. But the Magistrate by his order dated 10-2-1987 did not accept that final report and summoned the applicant under section 498-A, 323, 504 and 506 I.P.C. It is against this order that the applicant has come to this Court and has prayed that criminal proceedings be quashed.

(2.) Firstly, arguments have been addressed that the Criminal complaint lodged is false. In view of cases of J.P. Sharma v. Vinod Kumar and Pratibha Rani v. Suraj Kumar this Court has not to examine whether the allegations made by the complainant are false or true. At this stage we will have to proceed on the basis of allegations made in the FIR. and these allegations do disclose commission of an offence. In view of Khacheru Singh V. State of U.P., an application under section 482 against summoning order can hardly be entertained.

(3.) It is said that one complaint filed by the complainant was, dismissed but the complaint or order passed on it is not on record, moreover dismissal under section 203 may not be a Judgment and it may not bar a trial on merits commenced on the basis of a police report.