KHARAG BAHADUR CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Criminal Procedure Code, 1973 (In short 'Cr.P.C.'), has been filed by the applicants, Kharag Bahadur Chauhan and three other accused persons, against State of U.P and another, with a prayer for quashing of the entire criminal proceeding and for setting aside summoning order, dated 20.5.2019, passed by the Additional Chief Judicial Magistrate-I, Ballia, in Complaint Case No. 1791 of 2018, Ram Vilash Chauhan vs. Kharag Bahadur Chauhan and others, under Sections 323, 427, 452, 504, 506 of Indian Penal Code (In short 'IPC') of Police Station- Rasra, District Ballia,

(2.) Learned counsel for the applicants argued that it was a false implication. There was enmity with the complainant. Both sides are from one and same family. Just to harass the applicants, this complaint was filed wherein interested witness, who were of same family, were got examined, under Section 202 of Cr.P.C., on the basis of which, impugned summoning order was passed. There was neither any injury nor damage of property, because of assault, is on record. Hence, this Application with above prayer.

(3.) Learned AGA, representing the State of U.P., has opposed this proceeding.