PINTU Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Pintu, against State of U.P. and another, with a prayer for setting aside entire proceeding, including summoning order, dated 10.11.2015, passed by the Judicial Magistrate, court no.23, District Deoria, in Criminal Complaint Case No. 309 of 2015, Subhash vs. Pintu, under Sections 323, 504, 506, 354, 326, 452 of IPC, Police Station-Kotwali, District Deoria, pending before the court Judicial Magistrate, court no.23, Deoria.

(2.) Learned counsel for applicant argued that this complaint was falsely filed by way of an application, moved, under Section 156(3) of Cr.P.C. There is variance in statements recorded, under Sections 200 and 202 of Cr.P.C. Injury was not grievous, rather, it was medically examined after two days, wherein, it was held to be simple injury. Report was tried to be lodged on 27.4.2015, whereas, occurrence was said to be of 25.4.2015. This too was delayed. Police took action, under Section 151 of Cr.P.C., and no case was got lodged. It is a misuse of process of law, hence, this proceeding with above prayer.

(3.) From very perusal of materials placed on record, it is apparent that an application, under Section 156 (3) of Cr.P.C., was moved before the Magistrate, which was treated to be a complaint , wherein, complainant and his two witnesses, Pooja and Smt. Indrawati were examined by the Magistrate, under Sections 200 and 202 of Cr.P.C. They reiterated contention of the complaint that on 25.4.2015, at 7.00 pm, Pintu, under influence of liquor, did criminal trespass in the house of complainant and outraged modesty of Smt. Indrawati, wife of complainant. This was protested by her and upon rescue call when her husband rushed there and tried to intervene, Pintu, gave blow of iron rod over his eyes, resulting grievous hurt over it. Pooja, daughter of complainant, was also beaten by Pintu. When other persons also rushed there, Pintu ran away from the spot, while making abuse and extending threat of dire consequences. Complainant was taken to the hospital where his eye was treated for two days and on 27.4.2015, he went for medical examination at District Hospital as well as at Police Station where he was challaned, under Section 151 of Cr.P.C. No case was got registered, then, this application was sent to the Superintendent of Police, Deoria, but of no avail. Hence, this application was moved before the Magistrate, concerned. There is corroboration and reiteration of statements, recorded, under Section 200 and 202 of Cr.P.C. by two other witnesses. It was further corroborated by medico legal report, revealing injuries over eyes, which was referred for surgical treatment.