MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. has been filed by Mahendra Singh and Lakhan Singh against State of U.P. and Smt. Savitri Devi, with a prayer for quashing the summoning order dated 30.7.2019 passed by CJM, Court No. 3, Kanpur Nagar as well as entire proceeding of complaint case No. 194 of 2019, (Smt. Savitri Devi Vs. Mahendra and others), under Sections 323, 354, 504, 506 (Part II) of I.P.C., P.S. Fazalganj, District Kanpur Nagar, pending in the Court of C.J.M., Court No. 3, Kanpur Nagar.

(2.) Heard learned counsel for the applicants and learned A.G.A. representing the State.

(3.) Learned counsel for the applicant argued that there is a civil dispute, previously pending in between the parties as Civil Appeal No. 28 of 2017. Both sides are neighbours. There occurred civil dispute amongst them. But this false case was got concocted whereas police in its report has reported that accusation was not substantiated on spot. Even then, Magistrate got statement recorded under Sections 200 and 202 of Cr.P.C. Thereby, passed impugned summoning order, which was under misuse of process of law. Accordingly, this application under inherent power of this Court with above prayer.