SITARAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Sitaram, Sandeep and Sanjeet, against State of U. P. and Indrawati, with a prayer for quashing of summoning order, dated 8. 7. 2019, passed by Chief Judicial Magistrate, Chandauli, and, thereby, entire criminal proceeding, in Complaint Case No. 5755 of 2016 (Indrawati Devi vs. Sitaram and others), under Sections 323 , 504 and 325 of IPC, Police Station-Chandauli, Distric-Chandauli, pending before the court Chief Judicial Magistrate, Chandauli.

(2.) Learned counsel for applicants argued that an application, under Section 156(3) of Cr. P. C. , was moved by Smt. Indrawati, Opposite party no. 2, herein, wherein, a report from the Police Station, concerned, was called for and in this report, Police Station, concerned, has reported to the court that no such occurrence ever occurred as was complained in this application, rather, for an occurrence of 9. 6. 2016, on the report of Ajit Kumar, son of Sitaram, against Sonu @ Vishnu, son of Rajesh, Machandar @ Rajesh, son of Tunmum and Mukesh Yadav, son of Chikku, NCR no. 65/2016, under Sections-323, 504 IPC was got registered. Again on a report, dated 10. 6. 2016, preventive proceeding, under Sections 151 / 107 / 116 of Cr. P. C. , has been initiated against them and this false occurrence has been complained. Applicants have moved an application before the Medical Board for getting complainant medically examined by the Medical Board, but as per the report of the Medical Board, inspite of repeated summoning order, she restrained herself to appear before the Medical Board, because it was there. Though no occurrence has occurred, but this false accusation for commission of offences, as above, hence, for avoiding abuse of process of law and securing ends of justice, this Application, under Section 482 of Cr. P. C. , has been filed, with above prayer.

(3.) Learned AGA, representing State of U. P. , has vehemently opposed this Application.