LAWS(ALL)-2017-12-140

RAJENDRA Vs. STATE OF U P AND ANOTHER

Decided On December 13, 2017
RAJENDRA Appellant
V/S
State Of U P And Another Respondents

JUDGEMENT

(1.) The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 40 of 2017 (Smt. Shiyadulari Vs. Rajendra and others), under Sections 323, 504, 452, 354 IPC and Section 7/8 Protection of Children from Sexual Offences Act, District Banda arising out of summoning order dated 30.10.2017 pending in the court of Additional Sessions Judge, Court No. 1, Banda. Further prayer has been made to stay the further proceedings of the aforesaid case.

(2.) Heard learned counsel for the applicant and the learned AGA appearing for the State.

(3.) It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.