JAIPAL GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by applicant Dr. Jaipal Gupta @ Jai Prakash Gupta against State of U.P. and Dr. Pankaj Sharma with prayer to quash order dated 7.9.2019 passed by Additional District & Sessions Judge, Court No. 15, Meerut, in revision and the summoning order dated 30.4.2016 passed by A.C.J.M.-V, Meerut, as well as entire proceedings of Complaint Case No. 414 of 2016, Dr. Pankaj Sharma Vs. Dr. J. P. Gupta, under Sections 420, 504, 506 I.P.C., pending in court of A.C.J.M.-V, Meerut.

(2.) Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.

(3.) Learned counsel for applicant argued that for the same occurrence an application u/s 156(3) Cr.P.C. was filed by complainant and the same was dismissed for want of prosecution. Again, this is the second application with same accusation got filed u/s 156(3) Cr.P.C., wherein above fact of previous application was not disclosed and this application was treated as a complaint, wherein statements of complainant recorded u/s 200 Cr.P.C. and of his witnesses u/s 202 Cr.P.C. were at variance with previous statement made in previously instituted application u/s 156(3) Cr.P.C. and Trial Judge passed summoning order, as above. This was challenged before Court of revision and learned Additional Sessions Judge in the body of order mentioned the objection raised by applicant and the argument advanced by counsel for applicant, but did not give any finding about same and dismissed revision, which was abuse of process of court. Hence this proceeding with above prayer.