Genuineness Of Allegations Can't Be Determined While Summoning Accused, Reiterates Allahabad High Court

The Allahabad High Court has reiterated that Genuineness or otherwise of the allegations cannot be even determined at the stage of summoning the accused. The Bench of Justice Sanjay Kumar Singh observed thus while dismissing a 482 CrPC Application filed challenging the summoning order of the Magistrate.

The case in brief

Essentially, an application under Section 156(3) Cr.P.C. was moved by the victim in September 2014 before the Judicial Magistrate-III, Meerut with the allegations that on August 27, 2014, when the victim was sleeping in her room, at about 11.00 PM, the accused barged into her room, swooped her, and tried to commit rape upon her forcibly.

It was further alleged that on the shrieks of the victim, her mother woke up and apprehended the accused, but by using force, abusing, and assaulting her mother, he managed to escape by extending the threat that if the victim does not make sexual relation with him, he would attack her with acid.

The aforesaid application was allowed by the Judicial Magistrate-III, Meerut and SHO concerned was directed to lodge an FIR and investigate the matter. In pursuance of the order of the Magistrate, the FIR was lodged under Sections 354, 376, 511, 504, 506, 323, 452 IPC.

The investigating officer submitted a charge sheet against the applicant, on which cognizance was taken and the accused-applicant was summoned, which is the subject matter of challenge in the instant application.

Now the accused moved to the HC challenging the charge sheet and the cognizance and summoning order passed by the Judicial Magistrate-III, Meerut, whereby a bailable warrant was issued against the applicant.

Court's observations

The High Court took into account an array of rulings pronounced by the Apex Court to note that the power of quashing should be exercised sparingly and with circumspection and in rate cases and that while examining an FIR/complaint quashing of which is sought, the court cannot embark upon any enquiry as to the reliability or genuineness of allegations made in the FIR/complaint.

Against the backdrop of this observation, the Court concluded that the instant case does not fall within the categories of rarest of rare cases so as to quash the same.

"This Court is of the view that the appreciation of evidence is a function of the trial court and this Court in the exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put to an end to the process of trial provided under the law...It is well settled by the Apex Court...that the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner, but it has to be used sparingly, only in such appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in first information report or charge-sheet and the materials relied in support of thereof, taking on their face value and accepting in their entirety do not disclose the commission of any offence against the accused" the Court added.

In view of this, the Court further observed that taking cognizance of the offence is an area exclusively within the domain of a Magistrate and at this stage, the Magistrate is not required to go into the merit and demerit of the case.

"The genuineness or otherwise of the allegations cannot be even determined at the stage of summoning the accused," the Court stressed as it opined that a prima facie cognizable offence was made out against the applicant. In view of this, the instant application was dismissed.

Case title - Pankaj Tyagi v. State Of U.P. And Another
Case citation: 2022 LiveLaw (AB) 124

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