SHIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. is moved on behalf of the applicant against the order of the Court dated 7.9.2018 passed by Additional Chief Judicial Magistrate Court No.1, Unnao, treating protest application against the police report filed by opposite party no.2 as complaint.

(2.) Consequent thereupon proceeding under Sections 200 and 202 of the Criminal Procedure Code for recording statement of complainant and supporting evidence were taken. Thereafter taking cognizance of the offences, the Magistrate issued summons. The question is whether the proceeding is illegitimate for allowing the application under Section 482 Cr.P.C.

(3.) The learned counsel pressing on the application with a view to exercise the extraordinary jurisdiction under Section 482 Cr.P.C. vested in the court to quash the proceeding as argued that before the court that after considerable lapse of time of 11 years the protest application was taken on record to the same was kept pending. Another protest application moved by the opposite party no.2 was taken into consideration and the same is treated as complaint vide impugned order dated 7.9.2018. Another ground on which learned counsel seeks the relief of quashing the proceeding is that witnesses named in the FIR were not examined under Sections 200 and 202 Cr.P.C. whereas the witnesses examined under the aforesaid sections by the court were not named in the FIR. He further argued as third ground to show the illegality in the order that doctor who did the medical examination of the injured is examined as witness, though retired long ago. On the aforesaid grounds, he stressed on the point of reliability and credibility of the witnesses and whatever deposed on oath by the court, whereupon the court took cognizance of offence for issuance of summon to the applicant for trial.