ANKIT PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Ankit Prasad and Shashi Bala against State of U.P. and Amita Jagdamba Prasad with prayer to quash summoning order dated 29.4.2019 passed by Additional Civil Judge (S.D.)-5/ Judicial Magistrate, Ghaziabad, in Complaint Case No. 768 of 2019, Amita Jagdamba Prasad Vs. Ankit Prasad and another, under Sections 323, 452, 504, 506 I.P.C., P.S. Shahibabad, district Ghaziabad, pending in court of Additional Civil Judge (S.D.)-5/ Judicial Magistrate, Ghaziabad.

(3.) Learned counsel for the applicants argued that the applicants are family members of complainant-O.P. No. 2. In the statement recorded u/s 200 Cr.P.C. it has been specifically said to be an occurrence of 9.4.2018 as well as of 11.4.2018. The alleged assault said to be given to injured Sumeru Chakraborty is not in consonance with report. The offence u/s 452 I.P.C. is not made out because it has been admitted by complainant that the disputed house belongs to both sides. Civil Suit with regard to above disputed Flat is pending and this proceeding is with a view to create pressure and is an abuse of process of law. Hence this application with above prayer.