SURYA NARAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Surya Narayan, Ram Badan, Harindra, Vikas and Akash, against State of U.P. and Patru, with a prayer for setting aside summoning order, dated 11.9.2019, for offences, punishable, under Sections 147, 323, 504, 506 of IPC, Police Station- Baresar, District-Ghazipur, passed by Civil Judge (Junior Division)/Judicial Magistrate, Mohammadabad, Ghazipur, and, thereby, entire criminal proceeding, in Complaint Case No. 408 of 2019.

(2.) Learned counsel for applicants argued that there was a dispute regarding land, in between the parties, wherein, name was mutated and possession was delivered to the applicants, even then, obstruction was being raised by the opposite parties for which a report was got lodged, wherein, chargesheet was submitted and as a counter-blast, this case was got fabricated, wherein, mandatory provision of enquiry was not complied with. Hence, it was mis-use and abuse of process of law. Thus, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer. Learned AGA, representing State of U.P., has vehemently opposed this Application.

(3.) From very perusal of the report lodged by the applicants, it is apparent that the present occurrence is not the same occurrence, rather, it was an occurrence of 21.10.2018, whereas, previous occurrence was of January, 2018. Dispute, with regard to land, in between the parties, is an admitted fact and this has been said in the complaint that on 21.10.2018, at about 10.00 AM, when Opposite party, alongwith his daughter-in-law, was at field for irrigating paddy, accused persons, named, in the complaint, armed with Lathi, Danda and spear, reached thereat. They abused, extended threat and did assault, wherein, modesty of daughter-in-law of the complainant was outraged by the applicants, for which, a complaint was lodged. Magistrate made its enquiry, as was mandated, in Amended Section 202 of Cr.P.C., wherein, he recorded statement of PW-1, Parma and PW-2, Nilam, thenafter, having seen prima facie existence of a case, applicants, Surya Narayan, Harindra, Vikas and Akash were summoned, for offences, punishable, under Sections 147, 323, 504 and 506 of IPC, whereas, Ram Badan was summoned, for offences, punishable, under Sections 147, 323, 354, 504 and 506 of IP, for which, there was prima facie sufficient evidence on record.