HARI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicants, Hari Singh and Mahipal Singh have filed this application u/ S. 482, Cr. P.C. praying that further proceedings in case No. 34 of 1985, Ram Sewak v. Hari Singh and others, pending in the Court of the Special Judge, Etawah, in which a summoning order has been passed on 6-7-1985, may be quashed.

(2.) It appears that O.P. No. 2, Ram Sewak, husband of Smt. Kamla Devi, O.P. No. 3, has preferred a complaint u/S. 394, IPC in the court of the Special Judge (D.A.A.) Etawah. He examined himself u/ S. 200, Cr. P.C. At the stage, of S. 202, Cr. P. C. the Special Judge felt the need of the matter being investigated by the police and an order to effect was passed. The police investigated the matter and reported that the case was false. Thereafter the complainant filed four affidavits of Hari Vilas, Ram Kishan, Surendra Nath and (sic) allegedly supported the prosecution story as eye-witnesses. Consequently, the Special Judge by the impugned order dated 6-7-1985 summoned the applicants u/S. 392 read with S. 397, IPC. Aggrieved, the applicants have come up, to this Court u/ S. 482, Cr. P. C. as noted above.

(3.) Sri K. M. Misra, learned counsel for the applicants, Sri U.C. Misra, learned Advocate for Ram Sewak complainant and Sri. Akhtar Husain, learned A.G.A. have been heard at length. Both the opponents' counsel have argued that the summoning order is legally valid and should hot be interfered with while for applicants, the order summoning them and further proceedings in the case were challenged