KANTA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants over this Application, moved under Section 482 of Criminal Procedure Code, 1973 (In short 'Cr.P.C.), by Smt. Kanta Devi and Dinesh Baghel, against State of U.P. and Mitthan Khan, challenging summoning order, dated 13.3.2019, passed in Complaint Case No. 6901940 of 2018 (Mitthan Khan vs. Zannat & others), under Section 420 of Indian Penal Code (In short 'IPC'), Police Station-Shahganj, District Agra, pending in the court of Additional Chief Judicial Magistrate, court no.4, Agra as well as impugned summoning order, dated 13.3.2019 and other process issued against them.

(2.) Learned counsel for the applicants argued that both the applicants are having no concern nor there was any evidence for their summoning for offence, punishable, under Section 420 of IPC, whereas vide impugned order, dated 13.3.2019, they have been summoned, but no summoning is there for those other accused persons, who were also made party in complaint, filed by the complainant, Opposite party no.2. Hence, this was abuse of process of court and as such this Application, with a prayer for quashing of impugned summoning order and entire proceeding of above case.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application, under Section 482 of Cr.P.C.