The Allahabad High Court has stayed the further proceedings of complaint case under Sections 323, 504, 452 and 354 I.P.C, Police Station Khetasarai, District Jaunpur, pending before the Court of the Additional Chief Judicial Magistrate-I, Jaunpur.
A Single Bench of Justice JJ Munir passed this order while hearing an application filed by Bachau and 2 Others.
The application has been filed seeking to quash the proceedings of Complaint Case under Sections 323, 504, 452 and 354 IPC, Police Station Khetasarai, District Jaunpur, pending before the Court of the Additional Chief Judicial Magistrate-I, Jaunpur.
It is argued that the father – in -law of the complainant – opposite party no 2 Shyamlal Vishwakarma is the first applicant Bachaulal’s brother.
The Court noted that,
It is pointed out that on 20.07.2021, the complainant – opposite party, her husband Suresh Vishwakarma, her father-in-law Shyamlal Vishwakarma and Shyamlal’s wife Nirmala Devi assaulted the first applicant, in consequence whereof, the first applicant received serious injury to his fingers.
Counsel for the applicant has drawn the attention of the Court to the medico-legal report of injury which shows lacerated wounds on the base of the index finger and the middle finger of the left hand, both of which have been referred for x-ray examination.
A copy of the supplementary medical report has been produced before the Court from Amar Shaheed Umanath Singh, District Hospital dated 20.09.2021. A perusal of the report shows that the phalanx of the index finger has sustained a fracture of proximal phalanx.
It is pointed out that in the aforesaid case, a charge – sheet has been filed against the complainant-opposite party and her family.
It is urged that it is for the said reason that the impugned complaint on wild allegations of a similar kind as those reported in the First Information Report has been brought, but without any evidence to support the case. There is not the slightest medico-legal evidence of injury sustained by the complainant-opposite party in the incident subject matter of the complaint.
It is argued that the impugned complaint is an abuse of process of Court that has been instituted later on, in order to bring oblique pressure upon the applicant into withdrawing from the prosecution of the case instituted at the instance of the applicants.
The Court observed that a prima facie case is made out.
“The Court has granted four weeks time to file counter affidavit for the respondents.
Till then, further proceedings of complaint case under Sections 323, 504, 452 and 354 Kha IPC, Police Station Khetasarai, District Jaunpur, pending before the Court of the Additional Chief Judicial Magistrate-I, Jaunpur, shall remain stayed, the Court ordered.
The court has fixed the next hearing of the petition on May 3, 2023.