AZHAR ALI KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Azhar Ali Khan, Mazhar Ali Khan, Farhan Ali Khan, Murtaja Ali Khan, Qamar Ali Khan, Naved Ali Khan, Yavar Ali Khan, Shahvar Ali Khan, Aman Ali Khan, and Nasir Ali Khan against State of U.P. and Mujassa Ali Khan with prayer to quash the summoning order dated 7.5.2019 passed by J.M., Baheri, Bareilly, as well as entire proceedings of Complaint Case No. 434 of 2019, Mujassam Ali Khan Vs. Azhar Ali and others, under Sections 452, 323, 504, 506 I.P.C., P.S. Baheri, district Bareilly, pending in court of J.M., Baheri, district Bareilly.

(3.) Learned counsel for the applicants argued that an application was moved by Imran before S.D.M., Baheri, District Bareilly, for getting measurement of plot no. 80M, which was taken cognizance by the Magistrate and order was passed, which came in the notice of the complainant, who got this false case registered, wherein each member of family has been implicated. But no injury was there on the complainant, even then the Magistrate passed the impugned summoning order, which is abuse of process of Court. Hence this application with above prayer.