LAWS(ALL)-2023-7-111

VISHWANTH SINGH RATHAUR Vs. STATE OF UTTAR PRADESH

Decided On July 10, 2023
Vishwanth Singh Rathaur Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Mukesh Kumar, learned counsel for the applicants, learned AGA for the State-respondent (O.P. No.1) and perused the material available on record. As legal point is involved in the matter, no notice is required to be issued to the opposite party no.2.

(2.) By way of this application under Sec. 482 CrPC, the applicants have prayed for quashing of the order dtd. 15/3/2023 passed by the learned Additional Civil Judge, Jr. Division/Judicial Magistrate, Court No.1, Varanasi in Complaint Case No.2803 of 2018 (Lalchand Vs. Vishwanath Singh Rathour and others), under Ss. 323, 342, 379, 504 and 506 IPC, Police StationBhelpur, District-Varanasi as well as summoning order dtd. 16/1/1998.

(3.) By means of the impugned order the learned Additional Civil Judge, Jr. Division/Judicial Magistrate, Varanasi Complaint Case No.2803 of 2018 (Lalchand Vs. Vishwanath Singh Rathour and others), under Ss. 323, 342, 379, 504 and 506 IPC, Police Station-Bhelpur, District-Varanasi rejected the application of the applicant under Sec. 197 of Cr.P.C., against which, the present application has been filed. A further prayer has been made for staying the entire proceedings of Complaint Case No.2803 of 2018 (Lalchand Vs. Vishwanath Singh Rathour and others), under Ss. 323, 342, 379, 504 and 506 IPC, Police Station-Bhelpur, District-Varanasi.