RAHUL SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dhirendra Bahadur Singh, holding brief of Sri K.K. Dwivedi, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

(2.) The present misc. petition has been preferred under Article 227 of the Constitution of India with a prayer to quash the order dated 18.02.2020 passed by learned Additional Sessions Judge, Court No. 12, Agra in criminal revision no. 165 of 2019 as well as to quash the order dated 14.09.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 12, Agra in complaint case no. 49 of 2017, under Sections 323, 504, 506 IPC, police station New Agra, district Agra.

(3.) Learned counsel for the petitioner has argued that impugned complaint has been filed making false and baseless allegations and that the alleged incident has been shown of 03.09.2016, whereas application under Section 156(3) Cr.P.C. was filed by respondent no. 2 on 05.10.2016, which was registered as a complaint case and that at the time of alleged incident, petitioner was not present at the spot, rather he was at NOIDA. It was pointed out that regarding an incident dated 03.09.2016, a non-cognizable report was lodged against respondent no. 2 and others under Section 323, 504, 506 IPC and that impugned complaint has been filed as a counterblast of the same making false and baseless allegations. Learned counsel has submitted that impugned summoning order dated 14.09.2017 was challenged by the petitioner before the Session Court by filing a criminal revision no. 165 of 2019, but the said revision has also been dismissed without considering the material in correct perspective. Learned counsel has further submitted that both the impugned orders are against facts and law and thus, liable to be set aside.