LAWS(ALL)-2019-10-38

BRAJESH KUMAR YADAV Vs. STATE OF U.P.

Decided On October 19, 2019
Brajesh Kumar Yadav Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by applicants Brajesh Kumar Yadav, son of Sarnam Singh Yadav, Sarnam Singh, son of Sarman Yadav and Deepchandra, son of Asha Ram, against State of U.P. and Shambhu Dayal with prayer for quashing entire proceedings of Complaint Case No. 59 of 2017, under Sections 392, 452, 504, 506 I.P.C., P.S. Punchh, district Jhansi, pending in court of Special Judge (D.A.A. Act)/ Additional Sessions Judge, Jhansi, as well as summoning order dated 2.8.2019 passed in above mentioned complaint case.

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

(3.) Learned counsel for applicants argued that a complaint was made against fair price shop run by complainant- O.P. No. 2, wherein Sub Divisional Magistrate suspended fair price shop of O.P. No. 2. Though, subsequently it was revived and owing to above enmity this false accusation was got lodged against applicants, which was with no truth and learned Trial Judge had summoned applicants for offences, as above. It was mere counter blast by complainant. Hence misuse of process of court. Application be allowed and prayed relief be granted.