RAGHVENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants over this Application, moved under Section 482 of Code of Criminal Procedure, 1973, by the applicants, against State of U.P. and another, with a prayer for quashing of summoning order, dated 7th September, 2019, passed by the Additional District and Sessions Judge/Special Judge (Dacoity Affected Area), Lalitpur, in Complaint Case No. 48 of 2019, under Sections 395 and 397 of Indian Penal Code, Police Station- Kotwali Lalitpur, District-Lalitpur, and to stay further proceedings, in above case.

(2.) Learned counsel for the applicant s argued that the above complaint case was a counter-blast, which was got registered in response to a complaint case, got filed by the applicants, on 28.3.2019, for an occurrence of 8.3.2019, wherein, present complainant side has been named, and as such, above case with these accusations was got lodged, implicating entire family members of the applicants and they have been summoned by the Presiding Judge, whereas, there is inconsistency in the statements of complainant and his witnesses, recorded, under Sections 200 and 202 of Cr.P.C.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.