RISHABH DEV MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants namely, Rishabh Dev Mishra and Manoj Kumar Mishra, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to quash the further proceeding of complaint case No. 58 of 2019 (Jai Prakash Singh Vs. Rishabh Mishra and another), under Sections 195A, 506 I.P.C., P.S. Badagaon, District Varanasi and also quash the order dated 16.2.2019, passed by the Additional Chief Judicial Magistrate-V, Varanasi, pending in the Court of Additional Chief Judicial Magistrate-V, Varanasi.

(2.) Learned counsel for the applicants argued that it was a counter blast, wherein, ingredients for offence punishable under Section 195-A I.P.C. were not fulfilled. Even then, impugned summoning order has been passed and it was under misuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.

(3.) From the very perusal of impugned summoning order, it is apparent that a complaint was filed by Jai Prakash Singh against Rishabh Dev Mishra and Manoj Kumar Mishra, for offence punishable under Sections 147, 504 and 506 I.P.C., P.S. Badagaon, District Varanasi, with this contention that Rishabh Dev Mishra and Manoj Kumar Mishra, under connivance of other managed forged and fictitious documents, for which Case Crime No. 437 of 2017, of P.S. Phoolpur, for offence punishable under Sections 419, 420, 467, 468, 471 read with section 120-B I.P.C. was got lodged. They were inimical to complainant and his family members. They were pressurizing applicant for withdrawal of above criminal case, threat was being extended for it. Matter was reported and complained but no action was taken. On 3.12.2018, at about 6:00 P.M., applicants armed with lathi-danda, came at the door of complainant, where, they abused with filthy languages, extended threat and directed for vacating land under dispute, otherwise face the consequences. Magistrate took cognizance over this complaint wherein, statement was recorded under Section 200 of Cr.P.C. Contention was reiterated in it. It was specifically said that Rishabh Dev Mishra and Manoj Kumar Mishra, have threat of dire consequences to complainant and his family members. This matter was reported and against their occurred abuse by them. This has been said by witnesses examined under Section 202 of Cr.P.C. i.e. Jaswant alias Babbloo and Smt. Archana Singh, on the basis of this evidence, collected by Magistrate, impugned summoning order was passe. Prima facie, this was substantiated by above evidence on record.