NATHMAL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482, Cr. P.C. has been filed by the applicants Nathmal Sharma, Bijay Kumar Sharma, Jagdish Sharma and Ram Bilas Agrawal with a prayer to quash the complaint dated 30.1.1999 filed by O. P. No. 2, Ram Kishore and the summoning order dated 11.1.2000 passed by the learned Chief Judicial Magistrate, Shahjahanpur in Criminal Complaint No. 9845 of 1999, Ram Kishore v. Nathmal Sharma and others, under Sections 307, 504 and 506, I.P.C.

(2.) THE facts in brief are that O. P. No. 2 Raj Kishore filed a complaint dated 30.11.1999 in the court of learned Chief Judicial Magistrate, Shahjahanpur, thereafter the statement of the witnesses under Sections 200 and 202, Cr. P.C. was recorded by the learned Magistrate concerned, after considering the same alongwith the complaint, the learned Magistrate concerned has taken cognizance and summoned the applicants to face the trial for the offence punishable under Sections 307, 504 and 508, I.P.C. vide order dated 11.1.2000, being aggrieved from the order dated 11.1.2000, passed by the learned Chief Judicial Magistrate, Shahjahanpur in complaint case No. 9845 of 1999, the applicants have filed the present application to quash the proceedings of complaint case as well as the summoning order dated 11.1.2000, passed by the learned Chief Judicial Magistrate, Shahjahanpur by way of invoking the power conferred under Section 482, Cr. P.C.

(3.) IT is further contended that the applicants are resident of the State of West Bengal, they are not resident of district Shahjahanpur, they are residing at a distance of about 1500 km. from Shahjahanpur. IT is admitted by the complainant that he was having business relationship with applicant Nos. 1 and 2, and the allegations have been made against the applicant Nos. 1 and 2, no allegation has been made against the applicant Nos. 3 and 4, according to the complainant itself there was a dispute between the complainant and the applicant Nos. 1 and 2 with regard to their business, a complaint has been lodged for the purpose of harassment of the applicants due to ulterior motive for wreaking vengeance, the complaint is full of mala fide, the applicants never visited to Shahjahanpur, the complaint is containing several improbabilities having such magnitude it is difficult to believe the version contained therein, rather it is a case in which no offence under Section 307, I.P.C. is made out because no firing has been done, it is alleged that the applicant Bijay Kumar Sharma took out a country made pistol from his pocket, he has aimed for the purpose of committing the murder of the complainant, the role of exhortation is assigned to the applicant Nathmal Sharma, it is surprising that even then no firing was done by the applicant Bijay Kumar Sharma, no case punishable under Section 307, I.P.C. is made out, the complaint itself is too much delayed, it has been lodged on 30.11.1999 in respect of the incident, which has been allegedly occurred on 12.12.1997, it has been lodged after two years of the alleged incident, the complainant has not lodged any F.I.R. etc. even he has not approached the higher authority of the police also, which shows that the complainant has lodged the complaint on the basis of false and frivolous allegation so that the applicants may be harassed but the learned Chief Judicial Magistrate, Shahjahanpur has taken cognizance and summoned the applicants to face the trial for the offence punishable under Sections 307, 504 and 506, I.P.C. in a mechanical manner without applying the judicial mind, by the order dated 11.1.2002 even it is not a reasoned order. The allegations made in the complaint do no disclose the commission of the offence under Section 307, I.P.C. even then the applicants have been summoned to face the trial for the offence punishable under Section 307, I.P.C. The prosecution of the applicants is simply the abuse of the process of the Court.