ANIL KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA and perused the record.

(2.) The present applicants have invoked the inherent power of this Court under Sec. 482 CrPC beseeching the quashing of summoning order dtd. 4/9/2018 passed by the Additional Chief Judicial Magistrate, Shikohabad, District Firozabad as well as entire criminal proceeding of Complaint Case No. 3156 of 2017 (Raj kumar Vs. Anil Kumar (Raniwala and another), under Ss. 386, 323, 504, 506 IPC, Police Station Shikohabad, District Firozabad pending before Chief Judicial Magistrate, Shikohabad, District Firozabad.

(3.) The Opposite Party No. 2 has moved a complaint dtd. 14/12/2017 leveling allegation against the present applicants, who are husband and wife, that the applicant No. 1 has taken Rs.8.00 lakhs from the complainant, however, he has not returned the same. When the complainant has demanded the money, the applicant No. 1 has scolded him and further threatened to implicate him in a false case of rape. The complainant has shown occurrence of the incident on 1/12/2017 at about 1.00 pm wherein accused applicant Nos. 1 and 2 along with three unknown persons have allegedly thrashed the complainant, while he was going to Shikohabad market with one Ashok Kumar, and snatched Rs.11,320.00 from him. Considering the contents as made in the complaint and the statements made by the complainant under Sec. 200 CrPC coupled with the statement of the witnesses PW -1 Ashok Kumar and PW-2, Dharmendra under Ss. 202 CrPC, learned Additional Judicial Magistrate has issued process against the present applicants under Ss. 386, 323, 504 and 506 IPC, vide impugned order dtd. 4/9/2018, which is under challenge before this Court.