KRISHNA KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant, Krishna Kumar Agarwal, is a socio-criminus of offences under Sections 197, 198, 420, 423, 464, 467, 471 and 120-B I. P. C. in Complaint Case No. 261 of 1996 Brij Kishore v. Mangali Singh and Ors. He has approached this Court in its inherent jurisdiction under Section 482 Cr. P. C. with the prayer that his summoning order dated 7-12- 2004 passed by Judicial Magistrate, Hasanpur in the aforesaid Criminal Complaint, for the aforesaid in offences, be set aside and quashed. He has further prayed that the order passed by Additional District Judge (Fast Tract) Court No. 4 Jyotiba Phule Nagar in Criminal Revision No. 7 of 2005, Krishna Kumar Agarwal v. State of U. P. , be also quashed. By the aforesaid revision lower revisional Court had dismissed the revision filed by the present applicant challenging his summoning order dated 7-12-2004 passed by Judicial Magistrate, as has been mentioned above.

(2.) BEFORE coming to the arguments advanced by the learned Counsel for the applicant, a resume of facts in thumbnail description,; are sketched below :

(3.) THE complaint filed by the complainant being Complaint Case No. 261 of 1996 was taken up for inquiry by the Magistrate, who recorded the statement of the complainant under Section 200 Cr. P. C. on 26-8-1996, which is Annexure '2' to this application, wherein the complainant reiterated his allegations. In support of his case the complainant prayed to the Court to examine his witnesses and resultantly 7 Court witnesses were examined as C. Ws. under Section 202 Cr. P. C. THEy were Brijesh Kumar Agarwal, Head Clerk of Sukhdevi Inter College, Hasanpur, C. W. 1, Dharam Prakash, Physics Lecturer C. W. 2, Kailash Kishan Gupta, Lecturer, Mathematics, C. W. 3, Ashwapati Saxena, Lecturer English, C. W. 4 all of Shukh Devi Inter College, Hasanpur, A. K. Srivastava of Science Faculty, Meerut College, Meerut, C. W. 5, Sanjeev Kumar Tyagi, Clerk K. V. Inter College, Machhra C. W. 6 and Vijay Pal Singh, Senior Head Clerk as C. W. 7.