S.B. Cr. Misc. Petition No.2332/2009 Apoorva and ors. vs. Smt. Unsuiya Vashistha Dated : 29.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Hader Agga, for the petitioners. Mr. Amit Punia, PP for the State. Mr. Ambrish Vashistha for the respondent. *** This order governs the disposal of misc. petition under Section 482 of Cr.P.C. whereby the order dated 12.12.2008 passed by learned Additional Chief Judicial Magistrate No.2, Bharatpur with regard to taking cognizance of the offences under sections 452 and 323 of IPC has been impugned. Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order dated 12th December, 2008 rendered by Additional Chief Judicial Magistrate No.2 Bharatpur, it is noticed that a private complaint came to be filed in the Court against the petitioners namely, Apoorva Gaur, Shashank Gaur, Prem Prakash and Vikas Shankhla in the offences u/ss 323, 341, 354, 452, 504, 506 of IPC. The learned trial Court recorded the statements of the complainant and the witnesses produced in support. -2- Having considered the statement of the complainant & witnesses, the learned trial court found that the facts and circumstances available on record disclosed the offences under Section 452, 323 of IPC having been committed. Therefore, the learned trial Court took the cognizance thereof. The learned counsel for the petitioners has assailed the order of taking cognizance of the aforesaid offences by the learned trial Court. It is categorically stated by the Full Bench of the Apex Court in the case of State of West Bengal VS. Swapan Kumar Guha reported in 1982, SCC, 561, that the powers under Section 482 of Cr.P.C can be exercised to quash the First Information Report or the order of taking cognizance only when the fact available on record did not disclose any offence. So far as the order with regard to taking cognizance of offence is concerned, it is taken by the Magistrate after having applied the judicial mind to the facts and circumstances of the case, but so far as the proceedings against the accused persons are concerned, same emerges after taking cognizance of the offence or offences. The learned trial Court found sufficient ground on record to proceed against the accused petitioners. I do not find any infirmity in the impugned order. The impugned order does not suffer from -3- any illegality or impropriety. I do not find any material which may lead the court to infer that there has been an abuse of the process of Court or the order of taking cognizance shall, in any manner, defeat the ends of justice. The petition filed under 482 of Cr.P.C. by the petitioners is found to be totally devoid of any substance and the same deserves to be dismissed at the threshold. For the reasons stated above, the criminal Misc. petition being bereft of merits stands dismissed at the threshold. (MAHESH BHAGWATI)J. Pcg