LAWS(ALL)-2019-11-249

VEER SINGH Vs. STATE OF U.P.

Decided On November 28, 2019
VEER SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Veer Singh, against State of U.P. and Rishipal, with a prayer for setting aside summoning order, dated 6.11.2018, and, thereby, entire criminal proceeding, in Complaint Case No. 3242 of 2018, under Sections 498 and 384 of IPC, Police Station- Kunderki, District- Moradabad.

(2.) Learned counsel for applicant argued that the accused-applicant is innocent, but he has been falsely implicated in this very case crime number. Victim, herself, had given an affidavit, mentioning therein that she was not married with Rishi Pal, rather, she was kept by Rishi Pal, under duress and from him, there is a daughter. Neither she was enticed nor was taken by Veer Singh, rather, she was residing with him voluntarily at his residence, but, this false accusation, which was a malicious prosecution. Hence, for avoiding abuse of process of law and to secure ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

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