MUNNA PRANAMI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Munna Pranami @ Shiv Kumar and Pradeep Pranami, against State of U.P. and Ram Babu Pranami, with a prayer for quashing of entire criminal proceeding and summoning order, 22.2.2019, passed by the Judicial Magistrate, Kalpi, District Jalaon, in Criminal Complaint Case No. 571 of 2018, Rambabu vs. Shanker Pranami and others, under Sections 406, 323 and 504 of IPC, Police Station-Kotwali Kalpi, District- Jalaon.

(2.) Learned counsel for applicants argued that applicants are innocent, but they have been falsely implicated and have been summoned on the basis of evidence, which are with material contradictions. Contention of complaint, regarding, alleged payment of Rs.8 lacs and criminal breach of trust of the same was not substantiated, on the basis of statements, recorded, under Sections 200 and 202 of Cr.P.C. because in statement, it was stated that Rs. 4 lacks were deposited and Rs. 4 Lacs were misused. Moreso, applicants are of no concern. There was a case of dowry death, which was registered against complainants, being Case Crime No. 0092 of 2018, under Sections 498-A, 304-B of IPC, read with Section 3/4 of D.P. Act, at Police Station-Kotwali Kalpi, District Jalaon, wherein, informant demanded money and money was said to have been given to the informant and it was misused by him. Hence, applicants are of no concern for offences, punishable, under Sections 406, 323, 504 and 506 of IPC. It was a malicious prosecution, by misuse of process of law, and as such, this proceeding with above prayer.

(3.) From very perusal of the complaint and statements, recorded, under Section 200 as well as under Section 202 of Cr.P.C., it is apparent that in an occurrence of dowry death, a Case Crime No. 0092 of 2018, under Sections 498-A, 304-B of IPC, read with Section 3/4 of D.P. Act, at Police Station-Kotwali Kalpi, District Jalaon, was got registered, wherein, accused persons made payment of Rs.8 lacs for being deposited in the name of two daughters of the deceased, but it was not deposited, rather, was misused by informant and when a complaint was made, those accused persons and inofrmant did assault, with abuse and threat of dire consequences, and on the basis of this statement, accused persons, Shanker Pranami, Munna Pranami, and Pradeep Pranami, have been summoned for offences, punishable, under Sections 406, 323, 504 and 506 of IPC, for which there was sufficient evidence, under enquiry made by the Magistrate.