LAWS(ALL)-2019-9-56

ANIRUDDHA SHARMA Vs. STATE OF U. P.

Decided On September 17, 2019
Aniruddha Sharma Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 24.04.2018, passed by the Civil Judge (J.D.) / Judicial Magistrate, Chandausi, District Sambhal in Complaint Case No. 66 of 2017 (arising out of Case Crime No. 655 of 2016), under Sections 352, 504, 506, 406 I.P.C., Police Station Chandausi, District Sambhal as well as entire proceedings of above mentioned case, pending in the Court of Civil Judge (J.D.) / Judicial Magistrate, Chandausi, District Sambhal.

(2.) Heard learned counsel for applicant, learned A.G.A. for State and perused the record.

(3.) Learned counsel for applicant argued that it is a malicious prosecution with false concoction. A case was got registered, in which final report was submitted. Thereafter, protest petition was filed, which was treated as complaint, wherein complainant was examined under Section 200 Cr.P.C. and his witnesses were examined under Section 202 Cr.P.C. Thereafter, summoning order was passed, whereas the facts were not constituting offences, for which applicant was summoned.