RAMESH KUMAR PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit, filed today, by the learned counsel for applicant, is taken on record.

(2.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Ramesh Kumar Patel, with a prayer for setting aside summoning order, dated 4.4.2014, passed by Additional Chief Judicial Magistrate, court no. 6, Varanasi, in Complaint Case No.3497 of 2012, Upendra Nath Shukla vs. Kanhaiya and others, under Sections-323, 363, 364-A, 384, 386, 387 and 388 of IPC, Police Station-Shivpur, District Varanasi, as well as, impugned order of issuing Non-Bailable Warrant, dated 13.3.2019.and, thereby, entire criminal proceeding.

(3.) Learned counsel for applicants argued that the accused-applicant is a witness of a deed for execution of a notarised agreement to sale, with which, applicant has no concern. One of the accused, Anurag Kumar, has, earlier, filed a proceeding, under Section 482 of the Cr.P.C., being Application U/S 482 No.47441 of 2014, Anurag Kumar vs. State of U.P. and another, wherein, this Court has passed the order, dated 19.11.2014, staying further proceeding of above complaint case, with a direction for disposal of discharge application, moved before the Magistrate. While rejecting above discharge application, straightaway, Non-Bailable Warrant was issued and only thereafter, applicant came to know about the impugned summoning order. Hence, it was misuse of process of law and as such this Application with above prayer. Learned AGA, representing State of U.P., has vehemently opposed this Application.