NARAYAN GIRI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Narayan Giri, with a prayer for setting aside entire proceeding of Criminal Complaint Case No. 1918 of 2017, Chameli Devi vs. Narayan and others, under Sections 323, 504, 506, 419, 420 and 406 of Indian Penal Code, Police Station-Tarnva, District Azamgarh, including summoning order, dated 30.1.2018, passed by the court of Judicial Magistrate, court no.16, Azamgarh.

(2.) Learned counsel for applicants argued that the applicant is not having any concern with alleged occurrence, as mentioned in the complaint. He is merely an agent and in a previous proceeding, which stood dismissed against Opposite party nos. 3, 4 and 5, and application is Opposite party no.4 in said proceeding. Order, so passed, has been filed at page nos. 29 and 30 of this proceeding and after this order having been passed, this complaint has been filed by the complainant. The warranty was of one year and alleged complaint was made by the complainant's husband after lapse of above period. Nowhere any other complaint was there. Hence, this summoning order as well as entire proceeding of complaint case is under abuse of process of law and, therefore, this Application with above prayer.

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