- (1.) This application under Section 482 Cr.P.C. has been moved by the applicant with a prayer to quash the proceedings of Complaint Case No.5856 of 2015 pending in the Court of Chief Judicial Magistrate, Kaushambi also to set aside the summoning order dated 25 November, 2015 passed in the aforesaid case under Sections 406, 506, 392 I.P.C. It is also prayed to stay further proceedings of the case.
(2.) It is contended by the learned counsel for the petitioner that an F.I.R. bearing Case Crime No. 146 of 2014 under Section 323, 325, 504, 308 I.P.C. was lodged at Police Station Shivkuti District Allahabad against son of Naredra Kumar Tripathi and three others in which the bail has been refused to the accused persons. It is further submitted that as a counter blast an F.I.R. bearing Case Crime No. 606 of 2014 under Sections 406, 392, 506 I.P.C. was got lodged by Narendra Kumar Tripathi in Police Station Manjhanpur, District Kaushambi but the Investigating Officer on the basis of the evidence recorded during investigation has submitted final report. Thereafter a complaint on the same set of facts was filed by the Narendra Kumar Tripathi in the Court of Chief Judicial Magistrate,Kaushambi. The Chief Judicial Magistrate recorded evidence under section 200 and 202 Cr.P.C. and has summoned the applicant and one another Dharam Raj.
(3.) It is submitted by learned counsel for the applicant that the accused persons reside at Allahabad and in view of the amendment in Section 202 Cr.P.C. the Judicial Magistrate,Kaushambi was duty bound to conduct an enquiry before issuing process. He has put reliance on National Bank of Oman Vs. Barakara Abdul Aziz and Another, 2012 LawSuit(SC) 886 in which Hon'ble Apex Court has observed in paragraph 6 as under- "(6) The duty of a Magistrate receiving a complaint is set out in Section 202 of the Cr.P.C. and there is an obligation on the Magistrate to find out if there is any matter which calls for investigation by a criminal court. The scope of enquiry under this Section is restricted only to find out the truth or otherwise of the allegations made in the complaint in order to determine whether process has to be issued or not. Investigation under Section 202 of the Cr.P.C. is different from the investigation contemplated in Section 156 as it is only for holding the Magistrate to decide whether or not there is sufficient grounds for him to proceed further. The scope of enquiry under Section 202 of the Cr.P.C. is, therefore, limited to the ascertainment of truth or falsehood of the allegations made in the complaint (i) on the materials placed by the complainant before the Court (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made our; and (iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defence that the accused may have.";