SALEEM KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants,Saleem Khan, Alim Khan, Rizvan Khan, Kamer Khan and Mazhar Alam, with a prayer for quashing of the complaint and the impugned summoning order, dated 4.9.2019, passed by Civil Judge (Junior Division)/ Judicial Magistrate, Hasanpur, District Amroha, in Complaint Case No. 456 of 2019, under Sections-354A, 323 and 506 of IPC, Police Station-Hasanpur, Distric-Amroha.

(2.) Learned counsel for applicants argued that the applicants had given their house for residence, for a limited period to Saira, present complainant, who did not vacate it, rather, a civil suit was filed by her, which is pending. Thenafter, a Non-Cognizable report was got lodged, wherein, proceeding was subsequently stayed by this Court, in a proceeding, under Section 482 of Cr.P.C. Thereafter, this false complaint, with false accusation, has been got filed, wherein, impugned summoning order has been passed, but, no such occurrence ever occurred and it was misuse of process of law. Hence, for avoiding abuse of process of law and for securing ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Previous litigation, in between the parties, may be a malice for filing present criminal complaint or may be a cause for occurrence, but all these are questions of fact to be seen by the Trial court, during course of trial, and this Court, in exercise of inherent power, under Section 482 of Cr.P.C., is not expected to embark upon such factual aspects.