SHILESH KATIYAR Vs. SUKHENDRA SINGH AND ORS.
SUPREME COURT OF INDIA
Sukhendra Singh And Ors.
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(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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