KAILASH NARAIN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri R. O. V. S. Chauhan, learned Counsel for the applicants, learned A. G. A. and Sri U. C. Misra, learned Counsel for O. P. No. 2.

(2.) THIS application has been filed with a prayer to quash the proceedings of complaint case No. 857 of 1997 pending in the Court of learned C. J. M. Etawah under Sections 323, 504 and 506 I. P. C.

(3.) IN reply to the above submissions, it is submitted by the learned A. G. A. that the F. I. R. has been lodged by Dharmendra Kumar Misra on 26-10-1995. IN case, any complaint was to be lodged by O. P. No. 2 in its counter blast, it would have been lodged immediately, therefore, the present complaint is not counter blast of the case crime No. 482 of 1995 lodged by Dharmendra Kumar Misra at P. S. Kotwali District Etawah on 26-10- 1995 and on the basis of the allegations made in the complaint, in the statement of the complainant and two other witnesses prima facie offence is made out. There is no procedural mistake in taking cognizance and summoning the applicants. The impugned order dated 11-11-1997 is not illegal. It is a perfect order, which has been affirmed by the revisional Court given vide order dated 19-4-2001 in Criminal Revision No. 173 of 2000 whereby the revision filed by the applicants was dismissed.