KALYAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under section 482 Cr.P.C. has been preferred by the applicants with the prayer to allow this application and to quash the order dated 11.2.2019 passed by III Additional Sessions Judge / Special Judge (D.A.A.), Jalaun at Orai in complaint case no. 60 of 2016 (Smt. Aasiya Vs. Kalyan Singh and others) under Sections 387, 323, 504, 506 IPC, Police Station Kotra, District Jalaun whereby the applicants have been summoned to face the trial. Further prayer has been made to quash the further proceedings of aforesaid complaint case.

(2.) Heard Sri Vivek Shandilya, learned senior advocate assisted by Sri Manish Pandey, learned counsel for the applicants and Sri Laxmi Narayan Rathour, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

(3.) It was submitted by learned counsel for the applicants that the court concerned has passed the summoning order illegally without application of judicial mind. Offence under section 387 IPC is not made out. The court concerned while passing the summoning order did not take into account the essential ingredients of the aforesaid offence as well as the facts and evidence in right perspective. It was further submitted that in other criminal prosecution initiated by the opposite party no.2. applicants have obtained bail. Present complaint has been instituted only to pressurize and harass the applicants. It appears improbable and unbelievable that applicants, against whom a civil suit filed by the opposite party no.2 is pending, would go to the house of the opposite party no.2 to commit present offence. It was further argued that complaint case is not supported by medical evidence. At this stage, learned counsel referred to the statement recorded under sections 200 and 202 Cr.P.C. and reliance was also placed on the law laid down by the Hon'ble Supreme Court in the case of State of Haryana and others Versus Ch. Bhajan Lal and others, AIR 1992 Supreme Court 604 and further argued that present complaint has been instituted with malafide intention and ulterior motive for wreaking vengeance. Thus, prayer was made to allow the application and quash the entire proceedings of the aforesaid complaint case.