Vijay Kumar Verma - (1.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short 'the Cr. P.C.'), prayer has been made to set aside the summoning order dated 10.11.2008, passed by the Judicial Magistrate 1st, Varanasi and to quash the complaint in Case No. 589 of 2008, Ramashanker v. Chandra Mohan Tiwari and others, under Sections 323, 452, 504 and 506, I.P.C.
(2.) SHORN of unnecessary details, the facts leading to the filing of this application, in brief, are that O. P. No. 2 Ramashanker Tiwari moved an application under Section 156 (3), Cr. P.C. in the court of Judicial Magistrate 1st, Varanasi, impleading the applicants as accused. That application was treated as complaint by the court below and Case No. 589 of 2008 was registered. The allegations made in the application are that due to the dispute of rasta, the accused Chandra Mohan Tiwari, Azad Tiwari, Ashish Tiwari, Chandrashekhar Tiwari, Vikash Tiwari, Smt. Shakuntala Devi and Smt. Nagina Devi having lathi-danda in their hands came on the door of complainant on 8.2.2008 at about 4.00 p.m. and hurled filthy abuses. When the complainant asked the accused persons not to abuse him, they rushed towards the complainant with a view to cause his death. Due to fear, the complainant in order to save his life entered into his house. The accused persons also entered into the house of the complainant and began to cause marpeet with him by means of fists, kicks and lathi-danda. On hearing the noise of complainant, Uma Shankar Tiwari, Ram Giri and village people came there, who saw the incident and saved the complainant from the accused persons. Thereafter, the accused persons went away giving threatening to kill the complainant. It is also alleged in the complaint that the complainant went to police chauki Babatpur, but his report was not lodged and he was asked to get him medically examined, due to which after medical examination, the complainant sent a report to the S.S.P., Varanasi. The complainant examined himself under Section 200, Cr. P.C. In the inquiry under Section 202, Cr. P.C. two witnesses, namely, Uma Shankar Tiwari and Ram Giri were examined and injury report was also filed. On the basis of the evidence led by the complainant, the court below summoned the applicants to face the trial under Sections 323, 452, 504 and 506, I.P.C. vide order dated 10.11.2008. The impugned summoning order as well as entire proceedings of complaint pursuant to that order have been sought to be quashed by the applicants in this application under Section 482, Cr. P.C. I have heard Sri U. C. Mishra, advocate, appearing for the applicants, learned A.G.A. for the State at length at the admission stage and perused the entire material on record carefully. It was vehemently contended by the learned counsel for the applicants that as a counterblast to the F.I.R. lodged by the applicant No. 6 Chandra Mohan Tiwari against the complainant Ramashanker Tiwari and his brother Sadanand Tiwari, false application under Section 156 (3), Cr. P.C. was moved by the complainant with a view to cause harassment to the applicants and hence, the impugned summoning order as well as entire proceedings of complaint case are liable to be quashed by this Court in its inherent jurisdiction under Section 482, Cr. P.C. as continuance of the proceedings of the case would be an abuse of the process of law.
(3.) IT was further submitted by the learned counsel for the applicants that after procuring false medical report, the complainant filed entirely false application under Section 156 (3), Cr. P.C. after three days of the alleged incident and hence, on this ground also the complaint is liable to be quashed after setting aside the impugned summoning order. Having heard the learned counsel for the applicants and A.G.A. and after carefully going through the material on record, in my opinion, the impugned summoning order and complaint cannot be quashed, because on the basis of the statements of the complainant and witnesses Uma Shankar Tiwari and Ram Giri recorded under Sections 200 and 202, Cr. P.C. there is sufficient ground to proceed against the applicants. The statements of the complainant and witnesses find corroboration from the medical report. It is settled law that at the stage of passing order under Section 204, Cr. P.C. the Court is not required to be satisfied that the evidence led by the complainant under Sections 200 and 202, Cr. P.C. is sufficient to base conviction and at this stage it is only to be seen that there is sufficient ground to proceed against the persons who have been arrayed as accused in the complaint. Therefore, having regard to the evidence produced by the complainant in present case, the learned Magistrate did not commit any illegality in passing the impugned summoning order.;