LAWS(ALL)-2019-10-47

DEVENDRA SINGH Vs. STATE OF U.P.

Decided On October 19, 2019
DEVENDRA SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This proceeding, under Section 482 of the Code of Criminal Procedure, 1973 (In Short 'Cr.P.C.), has been filed by the applicants, Devendra Singh and three others, against State of U.P. and Lalta Prasad, Opposite party no.2, with a prayer for setting aside, entire criminal proceeding of Complaint Case No. 511 of 2018 (Lalta Prasad vs. Devendra Singh and others), under Sections 406, 323, 504 and 506 of Indian Penal Code, Police Station Mau Darwaja, District Farrukhabad, pending before the court of Civil Judge (Junior Division)/Judicial Magistrate, City Farrukhabad.

(2.) Learned counsel for the applicants argued that the applicants have been falsely implicated and have been summoned for above offences, in above complaint case, under above Sections of IPC, whereas, complainant, Lalta Prasad, was having no Bank Account nor any means for crediting Rs.50,000/- in the Account of Devendra Singh nor any question arises of usurping above amount by the applicants nor any such offence ever took place. It was a concocted complaint wherein summoning order has been passed. Hence, this proceeding, with above prayer.

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