- (1.) S. K. Phaujdar, J. Heard the learned counsel for the applicant and the learned counsel for the complainant.
(2.) THIS is an application under Section 482, Cr PC for quashing a cognizance in a complaint case No. 1529 of 1992 pending before the ACJM IInd, Saharanpur. One Tajinder Kaur filed a complaint against Sardar Harjit Singh and three others for offence under Sections 498-A and 406, IPC. The copy of the order sheet that has been filed before me indicates that the complainant was examined under Section 200, Cr PC, two witnesses were examined under Sec. 202, Cr PC and on consideration of the evidence before it, the court summoned Harjeet Singh, Harbans Kaur, Raghubir and Harbinder Singh under Section 498-A, IPC this order of cognizance and summons has been challenged in this 482, Cr PC proceedings and the proceedings before the court below were stayed. The learned counsel for the applicant proposes to rely on certain documents filed along with his affidavit to say that the case was a false one and there was no question of demand of dowry and the real grievance between the husband and wife was the alleged impotence of the husband. I am afraid, it was not possible legally to accept the defence papers at this stage and thereby to shift the forum of trial from the Court of the Magis trate to the High Court and to conduct a trial before the actual trial takes place before the Magistrate. This court is only to see if the complaint and statements of the witnesses did make out a prima facie case under Sec tion 498-A, IPC. On a reading of the complaint, I find that prima facie allegations are there. The statements under Section 202 or 200, Cr PC given by the complainant and her witnesses have not been placed before me and I must, therefore, rely on the finding of the court below that prima Jade materials were there in such statements. The powers under Section 482, Cr PC are not to be used to stall a criminal prosecution at the "initial stage when the court below, competent to take up a complaint, has found a prima facie case. This court could quash the orders of summons and cognizance if at all there was absolute lack of materials for cognizance or summons. It is not such a case. The present application under Section 482, Cr PC accordingly stand dismissed. Application dismissed. .;