SLAUDDEEN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) In view of order proposed to be passed, issuance of notice to opposite party no.2 is dispensed with.

(3.) The present application under Sec. 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dtd. 8/3/2022 as well as entire proceedings of Complaint Case No. 1397 of 2019 under Ss. 323, 452, 392 I.P.C., Police Station- Dhane Pur, District- Gonda. Learned counsel for applicant has submitted that the opposite party no.2 moved a false and frivolous application u/s 156(3) CrPC against the applicant and the said application was treated as complaint case. Thereafter, on the basis of statements of the opposite party no.2 and witnesses recorded u/s 200 and 202 CrPC respectively, the trial court without applying judicial mind wrongly summoned the applicant.