CHANDRAGUPT BHAMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant Chandragupt Bhama, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer to quash entire proceding as well as summoning order dated 4.5.2018, passed by learned Chief Judicial Magistrate, Saharanpur, in Crimoanl Case No. 12754 of 2016 (Rahat Ali Vs. Chandra Gupt and another) under Sections 420, 467, 468, 471 I.P.C., P.s. Sadar Bazar, District Saharanpur, pending in the Court of Chief Judicial Magistrate, Saharanpur.

(2.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(3.) Learned counsel for the applicant argued that accused applicant has been falsely implicated and summoned as abov, whereas, as per report filed by supplementary affidavit on today itself, on the alleged date, when he introduced Manish Singh with complainant, was at Railway Hospital and he was not there. Without making any investigation, impugned summoning order was passed and it was of utmost importance that accused applicant was residing at Varanasi not within territorial jurisdiction of Judicial Magistrate concerned, as per amended section of 202 of Cr.P.C. it was must but was not complied with. There was inconsistencies in the statements recorded under Sections 200 and 202 of Cr.P.C. Even then, this impugned summoning order was passed. There was lapse of more than 8 years in alleged occurrence and this registration of complaint, wherein, impugned summoning order was passed. It was misuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer. Learned AGA has vehemently opposed the above prayer.