SHYAMDHANI GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kameshwar Singh and Sri Rajesh Kumar, learned counsel for the applicants, Sri Vijay Bhan Singh, learned counsel for the opposite party no.2 and learned AGA for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 19.5.2018 passed by Additional Chief Judicial Magistrate, Court No. 9, Varanasi in Case No. 4009 of 2016 (Bithula Devi Vs. Awadhesh Kumar Kaushik and others) under Sections 452, 323, 504, 506 IPC as well as the order dated 17.9.2018 passed by IVth Additional Sessions Judge, Varanasi in Criminal Revision No. 147 of 2018 (Awadhesh Kumar Kaushik and others Vs. Smt. Bithula Devi and others), whereby the revision filed by the applicants was dismissed affirming the order of Additional Chief Judicial Magistrate dated 19.5.2018, rejecting the application for discharge of the accused-applicants.

(3.) Relevant facts for the consideration of the present case are that opposite party no.2 filed a complaint, registered as Case No. 1557 of 2016 on 5.3.2016 alleging that there was some dispute between the complainant and the applicants; that on 20.2.2016 at 3.00 pm, the accused-applicants entered into the road side food stall (dhaba) run and owned by the family of the complainant; that they used abusive language for the husband and son of the complainant and also slapped her husband, whereupon the persons, who were present there, namely Pintoo, Shankar, Raju and Vijay, anyhow saved the husband of the complainant. After filing of the complaint, statement of the complainant was recorded on 11.3.2016 under Section 200 Cr.P.C., while the statements of her two witnesses, namely Bhagwan Das and Pintoo were recorded under Section 202 Cr.P.C. on 5.4.2016 and 14.4.2016 respectively. The Magistrate concerned after considering the statements of the complainant as well as her witnesses, summoned the accused-applicants under Section 204 Cr.P.C. for facing the trial for the offence under Sections 452, 323, 504, 506 IPC vide summoning order dated 30.11.2016.