RAMLALI MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, learned Senior Advocate, assisted by Sri Saurabh Raj Srivastava, learned counsel for the applicant, Sri Abhishek Kumar Yadav, learned counsel for the informant and Sri P.C. Srivastava, learned Additional Advocate General along with Sri Sanjay Singh, learned A.G.A. for the State.

(2.) This application under Sec. - 482 Cr.P.C. has been preferred on behalf of applicant Ramlali Mishra for quashing of summoning order dtd. 2/9/2023 as well as the entire proceedings of Complaint Case No. 10288 of 2022 (Manoj vs. Vijay Mishra and Others), under Sec. s - 406, 420, 386, 323, 504, 506, 342 I.P.C., Police Station - Gopiganj, District - Sant Ravidas Nagar (Bhadohi), pending before the court of Civil Judge (S.D.)/ M.P./M.L.A. Court, Bhadohi Gyanpur.

(3.) Facts in brief of the matter are that the respondent No.2/ complainant has filed the impugned complaint case against applicant and three others alleging that accused persons, namely, Vijai Mishra MLA, his wife Ramlali Mishra, son Vishnu Mishra and nephew Manish Mishra came in his contact through his relative Krishanmohan Tiwari. All the four accused persons have promised for award of contract work of worth Rs.5.00 crores to the complainant and on that promise, the complainant has given Rs.3.00 lakhs to the accused persons on 4/8/2016 and later on an amount of Rs.24.00 lakhs was transferred to the 'Lalira Buildcon Company' through RTGS at instance of the accused persons but no contract work was awarded him. It was alleged by the complainant that the accused persons have abused and threatened him. By threatening they have asked him to write on a stamp paper that he has received the amount. When the complainant refused, co-accused Vijai Mishra, Vishnu Mishra and Manish Mishra have assaulted him with the butt of rifle and threatened to shoot him.