SUNIL KUMAR @ BHANWARA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Sunil Kumar @ Bhanwara and Dharamveer @ Amit Kumar, with a prayer for setting aside summoning order, dated 27.11.2018, passed by the Chief Judicial Magistrate, Kanpur Dehat, and, thereby, entire criminal proceeding of Complaint Case No. 1148 of 2017, (Misc. Case No.56/2017), Laxmi vs. Dharamveer and others, under Sections-376-D and 506 of IPC, Police Station-Devarahat, District-Kanpur Dehat, pending in the court of Chief Judicial Magistrate, Kanpur Dehat.

(2.) Learned counsel for applicants argued that proceedings, challenged herein, are outcome of false accusation, lodged in counter-blast to a case, wherein, husband of the complainant was summoned for offences, punishable, under Sections 323, 504 and 354 of IPC and as a result of the same, this false accusation was got lodged. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Perusal of the complaint reveals that it was filed by Smt. Laxmi against applicants, Sunil Kumar @ Bhanwara and Dharamveer @ Amit Kumar, and one unknown accused person, with this contention that on 12.3.2017, at 6.00 AM, while complainant, alongwith her monther in law, Ram Kali, had gone to the side of forest, for open door defecation, accused persons rushed thereat, they caught her and committed rape with her. Upon hue and cry, her mother-in-law rushed there. A threat of dire consequences was extended. Accused persons ran away from the spot.