Allahabad High Court: A Single Judge Bench comprising of Rajeev Misra, J., dealt with this petition which was filed under Article 227 of the Constitution of India where a summoning order under Sections 323, 504, 379, 427 and 452 IPC, criminal revision petition and any proceedings arising out of them were prayed to be quashed.
Petitioner had made contentions on factual basis pleading that he had been falsely implicated. Various cases were referred before the Court which elucidated in length the legal aspects evolved with regard to matters where proceedings can be quashed. Cases, where allegations made against accused or investigation was done by investigating officer, do not show any offence committed by accused or the allegations seems absurd, or extremely improbable, or where prosecution is legally barred, or the criminal proceeding is found to be made maliciously with motive of grudge can be quashed.
The Court observed that as per the submissions of petitioner, adjudication was required on the question of facts and even the question of law coming therein can be adjudicated by the trial court itself. Court found no reason to quash the summoning order, complaint or any other proceedings arising out of them. Therefore, the writ petition was dismissed. [Vivek Kumar v. State of U.P.,2018 SCC OnLine All 1166, order dated 23-08-2018]
