PRADEEP KUMAR JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the applicant, learned counsel for opposite party No. 2 and learned A.G.A.

(2.) THIS application under Section 482, Cr. P.C. has been filed for quashing criminal proceedings in Complaint Case No. 516 of 2005, Kanta Rani v. Rajeev Kumar and others, pending in the Court of J.M. I, Allahabad, under Section 420/114, I.P.C., P.S. Attarsuiya, district Allahabad.

(3.) APPLICATIONS dated 13.11.2005 and 8.3.1996 were moved by the accused persons for recalling the said summoning order dated 19.9.2004 and the applications were partly allowed by the J.M.-II, Allahabad, by an order dated 30.10.1998, observing that as the crucial witness Smt. Durga Devi had not been examined, hence the said order be recalled and that Smt. Durga Devi may be produced in the Court for her statement under Section 202, Cr. P.C. on 30.11.1998. Thereafter, it appears that the statement of Smt. Durga Devi was recorded. Once again, the A.C.J./J.M., Court No. 7, Allahabad, passed an order dated 28.10.2005 summoning the aforesaid accused persons under Section 420/114, I.P.C. after recording the statement of Smt. Durga Devi, P.W. 4, under Section 202, Cr. P.C.