SANTOSH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State-respondent.

(2.) This application under Sec. 482 Cr.P.C. has been filed by applicant for quashing the summoning order dtd. 31/5/2018 passed by Additional Chief Judicial Magistrate, Ist Gorakhpur in Complaint Case No.3915 of 2017, Jai Narayan Vs. Shri Ram and others, under Ss. 323, 504, 506 I.P.C., Police Station Khorabar, District Gorakhpur along with the entire proceedings.

(3.) It is submitted by learned counsel for the applicants that as per the allegations in the complaint, it is alleged that the opposite party no.2/complainant had executed a sale deed in favour of wife of applicant no.2 for an area of 15 decimal. However, in the consolidation proceedings, the area in favour of the wife of applicant no.2 has been recorded 21 ayer from Arazi No.591 and from another Arazi No.665, 37 ayer and in this respect, proceedings before the Consolidation Officer is going on. A perusal of the complaint and the statement under Sec. 200 Cr.P.C. of the opposite party no.2 would demonstrate that the incident is of 12/10/2017 when both the sides were negotiating where the dispute arose and it is alleged that the complainant was beaten by the accused persons including the applicants, as a result of the same, the opposite party no.2 suffered injuries. The accused persons have also abused the opposite party no.2.