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No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-482 No. 544 of 2015 Hon’ble Alok Mahra, J.
Mr. Raj Kumar Singh, learned counsel for the applicants.
2. Mr. Devang Dobhal, learned counsel for the respondent.
3. In this criminal misc. application under Section 482 B.N.S.S., applicants have sought quashing of summoning order dated 19.11.2014 and entire proceedings of Complaint Case No. 2678 of 2014 pending in the Court of learned ACJM 1st, Dehradun, under Sections 120-B, 323, 448, 504 and 506 IPC.
4. It transpires that a Complaint Case No. 2678 of 2014 was filed by the respondent, under Sections 120-B, 323, 448, 504 and 506 IPC, by which, the applicants were summoned vide order dated 19.11.2014. Thus, feeling aggrieved, applicants have approached this Court.
5.
Learned counsel for the applicants contends that allegations made in the complaint case are false and vexatious. He further contends that applicants are innocent, therefore, summoning order and entire proceedings of aforesaid criminal case are liable to be quashed.
6. Per contra, learned counsel for the respondent submits that whether applicant is guilty or not can be decided only during trial after leading evidence. He submits that there is no scope for interference in the matter, in view of parameters laid
down by Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in 1992 Supp. (1) SCC 335, as reiterated in M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918.
Learned counsel further placed reliance on a judgment passed by Hon’ble Supreme Court in the case of Ajay Mehra and Another Vs. Durgesh Babu and Others.
7. This Court finds substance in the submission raised by learned counsel for the respondent. Whether applicant is guilty or not cannot be decided in this criminal misc. application. Thus, there is no scope for interference.
8. Accordingly, the criminal misc. application is dismissed.
(Alok Mahra J.)
25.04.2025 Ujjwal