Tehsildar Singh And Others v. State Of U.P. And Another

Factual and Procedural Background

An application under Section 482 Cr.P.C. was filed seeking quashment of complaint case no. 3546 of 2009 pending in the Court of A.C.J.M., Court No. 19, Deoria, and an interim stay of those proceedings. The applicants (one identified as a Tehsildar) had earlier lodged an F.I.R. dated 7.4.2008 against Jagdish Singh and three others for offences under Sections 323, 452, 504, 506 and 427 IPC. In response, Jagdish Singh filed a complaint against the applicant dated 5.5.2008 alleging an incident dated 21.3.2008. In the complaint proceedings the complainant Jagdish Singh and his witnesses stated that the accused caused injury to Atma Singh, while an injury report of one Athar Ali was filed as documentary evidence. The applicants contend the Lower Court summoned them without applying its mind to that documentary evidence. The High Court considered the application, admitted it, issued notice, and granted an interim stay of the trial proceedings until the next listing. Order date: 25.1.2010.

Legal Issues Presented

1. Whether complaint case no. 3546 of 2009 should be quashed under Section 482 Cr.P.C.
2. Whether the proceedings in complaint case no. 3546 of 2009 should be stayed pending disposal of the Section 482 application.

Arguments of the Parties

Applicants' Arguments

• The applicant Tehsildar had earlier lodged an F.I.R. dated 7.4.2008 against Jagdish Singh and others for offences under Sections 323, 452, 504, 506 and 427 IPC, and are facing trial in that case.
• The complaint by Jagdish Singh dated 5.5.2008 was a counterblast to that earlier F.I.R., alleging an incident dated 21.3.2008.
• In the complaint case the complainant and witnesses stated that the accused caused injury to Atma Singh, but the injury report of Athar Ali was filed as documentary evidence; the Lower Court summoned the applicants without applying its mind to that documentary evidence.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The document is a procedural order. The court recorded that it "considered over the matter," admitted the application, directed service of notice on the opposite party no. 2, set deadlines for filing affidavits (applicants to take steps by R.P.A.D. within one week; opposite party no. 2 to file counter affidavit within three weeks of service; applicants to file rejoinder in two weeks thereafter; AGA permitted to file affidavit), and listed the matter before the appropriate Bench. No detailed substantive legal analysis or reasoning is recorded in the order.

Holding and Implications

Application admitted and interim stay of proceedings granted.

Direct consequences:

• The proceedings in complaint case no. 3546 of 2009, Jagdish Singh Vs. Tehsildar Singh & others, under Sections 323, 452, 504, 506 and 427 IPC (P.S. Rampur Karkhana, District Deoria), pending in the Court of A.C.J.M., Court No. 19, Deoria, are stayed until the next date of listing.
• Notice issued to opposite party no. 2 and schedules set for filing of affidavits and rejoinder; matter to be listed before the appropriate Bench.

No broader implications or precedent are stated in the opinion.