KISHAN CHANDRA JAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Shivam Yadav, learned counsel for the applicants, Shri Shashi Dhar Pandey, learned A.G.A. appearing for the State and perused the records.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed for quashing the order dtd. 22/11/2016 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Case No. 2985 of 2015 arising out of Case Crime No. 245 of 2007 under Ss. 420, 467, 468, 471, 504, 506 and 448 I.P.C. Police Station- Feelkhana, District-Kanpur Nagar.

(3.) Learned counsel for the applicants submits that the applicants are tenant in a property which is a residential house. The complainant herein is a subsequent purchaser of the property and had become a landlord and he wanted to get the premises vacated instead of initiating civil proceeding for vacation of the property. The complainant by abusing the process of the Court had filing false and frivolous FIR against the tenant. An FIR was lodged on 15/11/2007 alleging that when the applicants asked to vacate the property, he abused and threatened them to face dire consequences and also stated that he will install his saw-mill in the property. After lodging of the FIR, a charge-sheet was filed on 9/12/2007. The charge-sheet was challenged by means of an Application U/S 482 CrPC No. 1658 of 2008. This was disposed of vide order dtd. 17/10/2014 granting liberty to the applicants to file a discharge application which was rejected on 22/11/2016. The applicants have filed the instant application challenging the order dtd. 22/11/2016 by which the discharge application was dismissed.