TINKU Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants namely, Tinku, Pramod, Kishan Veer and Santosh, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to quash the summoning order dated 30.3.2019, passed by Civil Judge (SD)/FTC/ACJM, Firozabad as well as entire proceeding of Complaint Case No. 438 of 2019 (Suneeta Devi Vs. Tinku and others) under Sections- 452, 323, 504, 506, 354 I.P.C., Police Station- Makkhanpur, District- Firozabad, pending before the Court of Civil Judge (SD)/FTC/ACJM, Firozabad.

(2.) Learned counsel for the applicant argued that it was a malicious prosecution with false and concocted accusation. No such occurrence ever occurred. Rather, a false complaint was filed because of enmity in between and on the basis of statement recorded therein, this impugned summoning order has been passed without application of judicial mind. Hence, for ensuring end of justice, this application has been filed with above prayer.

(3.) From the very perusal of complaint, it is apparent that one day before 22.1.2019, offence was committed by Tinku and others wherein complainant has opposed and she made a report at police station. Both parties were challaned under Section 151 of Cr.P.C. Owing to this report and caution by police, therese for applicants did second occurrence on 22.1.2019 at about 3:00 P.M., when they did criminal trespass in the house of complainant, they outraged her modesty, assaulted her and abused with threat of dire consequences, in case of further report in police and this contention was said by complainant in her statement recorded under Section 200 of Cr.P.C., which has further been corroborated by statement of PW-1 and PW-2, Kali Charan and Brij Mohan, examined under Section 202 of Cr.P.C. All these three statements are intact and in corroboration with contention of complaint. Learned Magistrate by application of its judicial mind, summoned accused persons for offence punishable under Sections 323, 504, 506, 354 I.P.C., for which there was sufficient evidence on record, for prima facie existence of material for summoning for those offences.