# Nasir Khan v. State of U.P. & Anr. Opp. Parties

- **Citation:** (2023) 4 ILRA 336
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-03-27
- **Case number:** Application u/s 482 No. 727 of 2023
- **Bench:** Shiv Shanker Prasad
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/nasir-khan-v-state-of-u-p-anr-opp-parties-49921
- **Pages:** 2

## Headnote

(A) Criminal Law - Code of Criminal
procedure, 1973 - Section 482 - Inherent
power - Indian Penal Code, 1860 -
Sections - 323, 417, 420, 452, 467, 468,
471, 504, 506 & 447 - The Code of
criminal procedure, 1973 - Section 161,
156 (2) , 200 & 202 - ex debito justitiae
(as a debt of justice ; as a matter of right)
- Every High Court has inherent power to
act ex debito justitiae to do real and
substantial justice, for the administration
of which alone it exists, or to prevent
abuse of the process of the court -
correctness or otherwise of any deed like
will-deed, power of attorney, sale-deed
etc.,
which
is
registered
by
a
public/government authority - can be
more appropriately adjudicated by a Civil
Judge on the basis of oral as well as
documentary evidence to be led by the
parties - unless or until the same is not
decided that the same is false and
fabricated deed - criminality cannot come
into picture for making such deed.(Para -
24,46)

Applicant summoned in two cases - Quashing of
- charge sheet, cognizance/summoning order as
well as entire proceedings - Civil suit filed by
opposite party no.2 - questioning - power of
attorney executed in favour of applicant -
various sale-deeds executed in respect of 14
bighas' of land in dispute for permanent
injunction qua the said land - cancellation of
power of attorney and sale-deeds - filed criminal
cases after one by one against applicant - to
exert pressure and to harass him.(Para -2,45)

HELD:-None of the offences for which the
applicant is summoned in both the cases, is
made out from the FIR and the complaint and
material on record. Complainant/opposite party
no.2 abuses process of law to implicate the
applicant in criminal cases. Section 482 is
designed to achieve the purpose of ensuring
that criminal proceedings are not permitted to
generate
into
weapons
of
harassment.
Summoning orders impugned in both the
applications as well as entire proceedings
quashed. (Para - 45,47)

Application u/s 482 Cr.P.C. allowed. (E-7)

List of Cases cited:

## Text

4 All. Manoj Gupta @ Manoj Kumar Gupta Vs. State of U.P. & Anr.
335

37. In view of the discussion made
above, the present application succeeds and
is liable to be allowed.

38. It is accordingly allowed.

39. The impugned order dated
01.10.2020 passed by Chief Metropolitan
Magistrate, Kanpur Nagar in Criminal
Case No. 15681 of 2020 (State Vs. Mohd.
Asif @ Pappu Smart and Others) under
Sections 147, 148, 149, 307, 302, 34,
120B IPC and Section 7 Criminal Law
Amendment Act, Police Station-Chakeri,
District-Kanpur Nagar, arising out of
Case Crime No. 425 of 2020 (State Vs.
Mohd. Asim @ Pappu Smart) under
Sections 147, 148, 149, 302, 34, 307,
120-B I.P.C. and Section 7 Criminal Law
(Amendment)
Act,
Police
Station
Chakeri, District-Kanpur Nagar is hereby
quashed.

40. The applicant shall be released
on bail in aforesaid case crime number on
his furnishing a personal bond and two
sureties each in the like amount to the
satisfaction of the court concerned with
the following conditions which are being
imposed in the interest of justice:-

(i) THE APPLICANT SHALL FILE
AN UNDERTAKING TO THE EFFECT
THAT HE/SHE SHALL NOT SEEK
ANY ADJOURNMENT ON THE DATE
FIXED FOR EVIDENCE WHEN THE
WITNESSES
ARE
PRESENT
IN
COURT. IN CASE OF DEFAULT OF
THIS CONDITION, IT SHALL BE
OPEN FOR THE TRIAL COURT TO
TREAT IT AS ABUSE OF LIBERTY OF
BAIL
AND
PASS
ORDERS
IN
ACCORDANCE WITH LAW.

(ii)
THE
APPLICANT
SHALL
REMAIN
PRESENT
BEFORE
THE
TRIAL
COURT
ON
EACH
DATE
FIXED, EITHER PERSONALLY OR
THROUGH HIS/HER COUNSEL. IN
CASE
OF
HIS/HER
ABSENCE,
WITHOUT SUFFICIENT CAUSE, THE
TRIAL
COURT
MAY
PROCEED
AGAINST HIM/HER UNDER SECTION
229-A IPC.

(iii) IN CASE, THE APPLICANT
MISUSES THE LIBERTY OF BAIL
DURING TRIAL AND IN ORDER TO
SECURE
HIS/HER
PRESENCE
PROCLAMATION UNDER SECTION
82 CR.P.C., MAY BE ISSUED AND IF
APPLICANT
FAILS
TO
APPEAR
BEFORE THE COURT ON THE DATE
FIXED IN SUCH PROCLAMATION,
THEN, THE TRIAL COURT SHALL
INITIATE PROCEEDINGS AGAINST
HIM/HER, IN ACCORDANCE WITH
LAW, UNDER SECTION 174-A IPC.

(iv)
THE APPLICANT
SHALL
REMAIN
PRESENT,
IN
PERSON,
BEFORE THE TRIAL COURT ON
DATES FIXED FOR (1) OPENING OF
THE
CASE,
(2)
FRAMING
OF
CHARGE AND (3) RECORDING OF
STATEMENT UNDER SECTION 313
CR.P.C. IF IN THE OPINION OF THE
TRIAL COURT ABSENCE OF THE
APPLICANT
IS
DELIBERATE
OR
WITHOUT
SUFFICIENT
CAUSE,
THEN IT SHALL BE OPEN FOR THE
TRIAL COURT TO TREAT SUCH
DEFAULT AS ABUSE OF LIBERTY OF
BAIL AND PROCEED AGAINST THE
HIM/HER IN ACCORDANCE WITH
LAW.

(v) THE TRIAL COURT MAY
MAKE
ALL
POSSIBLE
EFFORTS/ENDEAVOUR AND TRY TO
CONCLUDE THE TRIAL WITHIN A
PERIOD OF ONE YEAR AFTER THE
RELEASE OF THE APPLICANT.
----------
336 INDIAN LAW REPORTS ALLAHABAD SERIES
(2023) 4 ILRA 336
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 27.03.2023

BEFORE

THE HON'BLE SHIV SHANKER PRASAD, J.

Application u/s 482 No. 727 of 2023
with
Application u/s 482 No. 27887 of 2022

Nasir Khan ...Applicant
Versus
State of U.P. & Anr. ...Opp. Parties

Counsel for the Applicant:
Sri Satyendra Narayan Singh, Sri Saurabh Mishra

Counsel for the Opp. Parties:
G.A., Sri Rakesh Kumar Mishra

(A) Criminal Law - Code of Criminal
procedure, 1973 - Section 482 - Inherent
power - Indian Penal Code, 1860 -
Sections - 323, 417, 420, 452, 467, 468,
471, 504, 506 & 447 - The Code of
criminal procedure, 1973 - Section 161,
156 (2) , 200 & 202 - ex debito justitiae
(as a debt of justice ; as a matter of right)
- Every High Court has inherent power to
act ex debito justitiae to do real and
substantial justice, for the administration
of which alone it exists, or to prevent
abuse of the process of the court -
correctness or otherwise of any deed like
will-deed, power of attorney, sale-deed
etc.,
which
is
registered
by
a
public/government authority - can be
more appropriately adjudicated by a Civil
Judge on the basis of oral as well as
documentary evidence to be led by the
parties - unless or until the same is not
decided that the same is false and
fabricated deed - criminality cannot come
into picture for making such deed.(Para -
24,46)

Applicant summoned in two cases - Quashing of
- charge sheet, cognizance/summoning order as
well as entire proceedings - Civil suit filed by
opposite party no.2 - questioning - power of
attorney executed in favour of applicant -
various sale-deeds executed in respect of 14
bighas' of land in dispute for permanent
injunction qua the said land - cancellation of
power of attorney and sale-deeds - filed criminal
cases after one by one against applicant - to
exert pressure and to harass him.(Para -2,45)

HELD:-None of the offences for which the
applicant is summoned in both the cases, is
made out from the FIR and the complaint and
material on record. Complainant/opposite party
no.2 abuses process of law to implicate the
applicant in criminal cases. Section 482 is
designed to achieve the purpose of ensuring
that criminal proceedings are not permitted to
generate
into
weapons
of
harassment.
Summoning orders impugned in both the
applications as well as entire proceedings
quashed. (Para - 45,47)

Application u/s 482 Cr.P.C. allowed. (E-7)

List of Cases cited:

1. Mitesh Kumar Vs St. of Karn. & ors. , 2021
AIR (S.C.) 5298

2. St. of Karn. Vs L. Muniswamy & ors., (1977) 2
SCC 699

3. Madhavrao Jiwajirao Scindia & ors. Vs
Sambhajirao Chandrojirao Angre & ors. (1988) 1
SCC 692

4. Janata Dal Vs H.S. Chowdhary , (992) 4 SCC
305

5. G. Sagar Suri & anr. Vs St. of U.P. & ors. ,
(2000) 2 SCC 636

6. Roy V.D. Vs St. of Kerala , (2000) 8 SCC 590

7. Zandu Pharmaceutical Works Ltd. & ors. Vs
Mohd. Sharaful Haque & anr. , (2005) 1 SCC
122

8. I.O.C. Vs NEPC India Ltd. & ors. , (2006) 6
SCC 736

9. Inder Mohan Goswami Vs St. of Uttaranchal ,
(2007) 12 SCC 1