NARENDRA SHISHODIYA Vs. STATE OF U.P

JUDGEMENT

(1.) This application under section 482 Cr.P.C., 1973 has been moved on behalf of applicant seeking the quashing of order dated 27.7.2017 passed by the Judicial Magistrate-I, Hapur whereby application under section 245(2) Cr.P.C., 1973 filed on behalf of applicant has been dismissed as well as entire consequential proceedings in Complaint Case No.1497 of 2015 (Tejpal Singh v. Gunveer Rana and another), under section 500 I.P.C., P.S.-Dhaulana, District-Hapur, pending in the court of Judicial Magistrate (First), Hapur.

(2.) List revised. Learned counsel for applicant as well as learned A.G.A. are present. None has appeared on behalf of opposite party no.2 despite repeated calls. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams this Court does not see any justifiable reason to procrastinate the matter any further and deems it proper to decide the case on merits.

(3.) Submission of counsel for applicant is that perusal of entire complaint in fact does not constitute any offence so far as applicant Narendra Shishodiya is concerned. There is only at one place an oblique, bald and unsubstantiated allegation that the alleged said message, which according to the complainant amounted to defamation, was uploaded and spread in collusion with applicant. Submission is that the material or the evidence produced in the court does not contain any such element which may be said to constitute a substantive material evidence or a material which may be treated as incriminating evidence or relying upon which the conviction of the applicant may be upheld. Contention is that making allegation against somebody is one thing while producing material and evidence in support of the same is entirely a different matter. To allege that the defamatory message was uploaded in collusion with applicant is just a bald allegation which remains completely unsupported and unsubstantiated by any cogent material whatsoever. Submission is that actually the applicant has nothing to do with the message and even the perusal of the complaint and the evidence produced in the Court, does not prima facie constitute any offence against the applicant, and therefore, the continuation of impugned proceedings and the summoning of the accused-applicant on that basis is wholly unjustified and is simply an abuse of court's process, therefore, same deserve quashing.