Naheed Ara Moonis, J. - (1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused the records. The instant petition has been filed for quashing the entire proceeding of Criminal Case No. 1189 of 2012 in case crime No. 530 of 2012, (State of U.P. Vs. Shakir Ali) under Sections 353, 504 and 506 I.P.C. whereby cognizance has been taken by the Judicial Magistrate, Rampur on 15.12.2012 in pursuance of the charge sheet No. 220 of 15.12.2012.
(2.) IT is contended by the learned counsel for the applicant that frivolous first information report has been lodged by the opposite party no. 2 with the allegation that the applicant and one other person had obstructed the official work created hindrance by entering into the office of the opposite party no. 2 pressurizing him to issue receipt book for membership of their own men for the election of Sahkari Samiti and threatened the complainant with dire consequences. The first information report was registered under Sections 353, 504 and 506 Indian Penal Code as case Crime No. 530 of 2012 at police station Azeem Nagar, district Rampur and from the perusal of the first information report no prima facie case is made out against the applicant. The witnesses have been examined, who do not corroborate the prosecution case. The charge sheet has been submitted on the basis of perfunctory investigation and the court below has also taken cognizance in a routine manner. Per contra learned A.G.A. has contended that from the perusal of the first information report and statements of the witnesses prima facie offence is made out against the applicant. The charge sheet has been submitted against the applicant after collecting clinching material by the investigating officer. The applicant has ample opportunity to raise objection at the appropriate stage, hence the prayer for quashing the entire proceedings is not liable to be accepted.
(3.) CONSIDERING the submission of the learned counsel for the applicant and from the perusal of the allegations made in the first information report and the statements of the witnesses it cannot be said that no offence is made out against the applicant. Therefore, the prayer for quashing the entire proceeding at its inception would tantamount to throttle the legitimate prosecution.;