HEERAWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ganesh Shankar Srivastava, learned counsel for the applicants, Sri Deo Prakash Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) The present application is preferred by Applicants under Sec. 482 of Criminal Procedure Code, 1973 challenging the summoning order dtd. 7/1/2022 passed by Special Chief Judicial Magistrate, Allahabad as well as entire proceedings of Complaint Case No.745 of 2021 (Gyanendra Sharma Vs. Smt. Heerawati and another), Police Station-Colonelganj, District-Prayagraj, under Ss. 504 and 506 of Indian Penal Code, pending in court of Special Chief Judicial Magistrate, Allahabad.

(3.) Initially, the opposite party no.2 preferred an application under Sec. 156 (3) Cr.P.C. against the Applicants and four unknown persons. The aforesaid application was preferred before Special Chief Judicial Magistrate, Allahabad. The learned Magistrate by order dtd. 6/7/2021 called for report from the police station concerned. After receiving the report from the police station concerned, the above-mentioned application was registered as a Complaint Case No.745 of 2021, Gyanendra Sharma Vs. Smt. Heerawati and others.