PRAMAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit, filed today, is taken on record.

(2.) This Application, under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.), has been filed by the Applicants, Pramal, Vijay Pal, Devendra, Angoori, Kiran, Sachin and Sunil, with a prayer for setting aside entire criminal proceeding of Complaint Case No. 4958/9 of 2016 (Rampal vs. Pramal and others), under Sections 323 and 452 of Indian Penal Code (IPC), Police Station-Civil Lines, District Muzaffarnagar, pending before Additional Chief Judicial Magistrate-II, Muzaffarnagar, alongwith a prayer for quashing of the impugned order, dated 11.11.2019, of Revisional Court of Additional Sessions Judge, Court no.7, Muzaffarnagar, passed in Criminal Revision No.333 of 2018 (Vijay Pal vs. Rampal and others).

(3.) Learned counsel for applicants argued that impugned summoning order has been passed, in a malicious prosecution, under misuse of process of law, which was challenged before the court of revision, where, revision was dismissed. Both the Trial courts failed to appreciate facts. Previously, house, in question, was transferred and as such there remained no question for being at the house, in question, on the alleged date of occurrence, i.e., 22.9.2016, nor any occurrence, as alleged, ever took place. Hence, this Application, with above prayer, for avoiding abuse of process of law and for ensuring ends of justice.