GULAB YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Gulab Yadav, Vikas Yadav and Suresh Yadav, against State of U.P. and Meera Devi, with a prayer for setting aside summoning order, dated 5.10.2019, passed by Chief Judicial Magistrate, Chandauli, and, thereby, entire criminal proceeding, in Case No. 193 of 2017, under Sections 323, 504, 506 and 354 of IPC, Police Station-Saiyadraja, Distric-Chandauli, pending before the court of Chief Judicial Magistrate, Chandauli.

(2.) Learned counsel for applicants argued that it was an accusation lodged as a counterblast case. A case crime number was got registered, upon the report of Smt. Soni Devi, wife of Suresh Yadav, applicant o.3, herein, against Dipendra, Bhupendra and Jhullan, for offences, punishable, under Sections 354A(1)/504/506 of IPC, with this contention that on 18.12.2013, at 5.00 PM, while the informant was at field for being at ease, accused, Narendra, did obscene and outraged her modesty. This was protested by her. Bhupendra and Jhullan also rushed there and they all abused and did outrage her modesty. In between, many persons rushed. Accused persons extended threat of dire consequences and ran away from the spot. In this case crime number, chargesheet has been submitted and as a counter-blast, this false complaint was got filed, wherein, impugned summoning is there. It was improbable that two brothers or father and sons, together, will commit such offence. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) From very perusal of the complaint, it is apparent that it was lodged with a contention that on 1.11.2016, at about 6.30 AM, while complainant was all alone at her home, accused persons did criminal trespass. They, with intention to outrage her modesty, did assault her. Gulab Yadav took complainant by force out of her house, where, Vikas Yadav and Suresh Yadav outraged her modesty. Many persons rushed on the spot, then, information at Mobile Cell Phone was given by Roshan Yadav, son of complainant to the Police. Dail 100 was also ranged. Police rushed on the spot. Accused persons ran away from the spot. This contention has been reiterated in the statement, recorded, under Sections 200 and 202 of Cr.P.C. On the basis of those evidences, collected by the Magistrate in its enquiry, impugned summoning order was passed.