PRAGATI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Pragati Singh and two others , with a prayer for setting aside summoning order, dated 31.1.2018, passed by Additional Chief Judicial Magistrate, court no.10, Varanasi and, thereby, entire criminal proceeding, in Complaint Case No. 258/2017, Dashrath Patel vs. Pragati Singh and others, under Sections- 323, 325, 406, 504 and 506 of IPC.

(2.) Learned counsel for applicants argued that it was a misuse of process of law, wherein, impugned summoning order has been passed, whereas, medico legal report followed by X-ray report reveals that there is no grievous injury. It was not abnormal medical deficiency, as mentioned, in the report of the Medical Officer, even then, this summoning is there, under above Sections of IPC. Previously, a case was instituted before the Workmen Commissioner, wherein facts were otherwise and relief, claimed for, could not be granted, hence, this false case. There is variance in the statements of witnesses. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.