SHILESH KATIYAR Vs. SUKHENDRA SINGH AND ORS.
LAWS(SC)-2016-3-143
SUPREME COURT OF INDIA
Decided on March 18,2016

Shilesh Katiyar Appellant
VERSUS
Sukhendra Singh And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Facts in brief are that on 19th March, 2014, the appellant herein had lodged an FIR against the respondents in Case Crime No. 90 of 2014 under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short 'the IPC') at police station Kotwali, Fatehgarh, District Farrukhabad, U.P. The FIR was registered and the Investigating Officer after investigating into the matter submitted his final report dated 21.04.2014, which is a closure report, in the aforesaid matter on the ground that no case was made out. The appellant filed his objections to protest the Petition. After hearing the parties, the learned Chief Judicial Magistrate, Farrukhabad, rejected the final report and decided to take cognizance of the offence by his Order dated 06th August, 2014.
(3.) Aggrieved by the said order, respondents herein, filed the petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court seeking quashing of the summoning order passed by the trial court. This petition came up for hearing on 22nd September, 2015. Nobody appeared on behalf of the respondents(Petitioners in the said petition). The High Court, however, still proceeded and after hearing the other side, it passed order on merits, dismissing the Petition filed by the respondent under Section 482 of the Cr.P.C. which reads as under: "....The impugned order is judicial one passed in during judicial proceedings of the case and it should be implemented for securing the ends of justice. Grounds for exercising inherent power in such a matter are not made out. Therefore the application is dismissed." ;


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