- Bookmark
- Share
- CaseIQ
Maharaj Singh v. State Of Up
Factual and Procedural Background
The applicant, Maharaj Singh, filed an application praying to quash the proceedings of Special Trial No. 91 of 1989 (Rejendra Tiwari Vs. Maharaj Singh and Others) pending before the Special Judge (D.A.A.), Mainpuri. Counsel for the applicant was not present at the hearing. Opposite party No. 2 lodged the complaint against the applicant; statements under section 200 and section 202 Cr.P.C. were recorded. The learned Special Judge, after considering the complaint and those statements, took cognizance and summoned the applicant to face trial for an offence punishable under section 394 IPC.
Legal Issues Presented
- Whether the proceedings in Special Trial No. 91 of 1989 (Rejendra Tiwari Vs. Maharaj Singh and Others) should be quashed.
- Whether the learned Special Judge erred in taking cognizance and summoning the applicant to face trial for an offence punishable under section 394 IPC.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court examined the record and noted that opposite party No. 2 had lodged a complaint and that statements under section 200 and section 202 Cr.P.C. were recorded. After considering the complaint and those statements, the learned Special Judge took cognizance and summoned the applicant for trial under section 394 IPC. The court found that the allegations in the complaint and the recorded statements prima facie made out the offence under section 394 IPC. On that basis the court concluded that the learned Special Judge had not committed any error in taking cognizance and issuing summons. Consequently, there was no good ground to quash the proceedings.
Holding and Implications
Application dismissed.
Direct consequences: the prayer to quash the proceedings was refused; the interim order dated 23.8.1991 was vacated; the trial proceedings in Special Trial No. 91 of 1989 are to continue and a copy of this order is to be communicated to the learned Special Judge (D.A.A.), Mainpuri for passing appropriate orders in the case. The opinion does not discuss or establish any broader precedent.
List revised. Counsel for the applicant is not present. This application has been filed by the applicant Maharaj Singh with a prayer to quash the proceedings of Special Trial No. 91 of 1989 Rejendra Tiwari Vs. Maharaj Singh and Others pending in the court of Special Judge (D.A.A.), Mainpuri. From the perusal of the record, it appears that in the present case opposite party no. 2 has lodged the complaint against applicant. Thereafter the statements under section 200 and 202 Cr.P.C were recorded. After considering the complaint and statements recorded under section 200 and 202 Cr.P.C, learned Special Judge (D.A.A) has taken cognizance and summon the applicant to face the trial for offence punishable under section 394 IPC. The allegations made in the complaint and the statements recorded under section 200 and 202 Cr.P.C. prima facie aforesaid offence under section 394 IPC is made out. Learned Special Judge has not committed any error in taking cognizance and summon the applicant to face the trial. There is no good ground for quashing the proceedings of the above mentioned case, therefore the same is refused. Interim order dated 23.8.1991 is hereby vacated. Accordingly, this application is dismissed. Let the copy of this order be communicated to learned Special Judge (D.A.A.) , Mainpuri forthwith for passing an appropriate orders in the above mentioned case.
Order Date :- 2.8.2010 SR
Alert