ARVIND SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Arvind Sharma and six others against State of U.P. and Smt. Aneeta with prayer to quash the summoning order dated 17.6.2019 passed by Judicial Magistrate, Mau, as well as entire proceedings of Complaint Case No. 2680 of 2018, Aneeta Devi Vs. Arvind Sharma and others, under Sections 323, 504, 506, 452 I.P.C., P.S. Mohamadabad, district Mau, pending in court of J. M., Mau.

(3.) Learned counsel for the applicants argued that this was a false implication on the basis of forged and fictitious medical report, which was related with other case crime no. 345 of 2018 P.S. Mohamdabad Gohna and it was used in this complaint proceeding fraudulently, whereas there had been a civil dispute in between, wherein an order was passed in favour of applicants, but an occurrence of assault was made by accused persons for which Case Crime No. 344 of 2018 was got registered as P.S. Mohammdabad on 13.9.2018 at 16.00 hours on the report of Arvind Sharma against Rajesh Yadav and ten others. Then after this false complaint with false accusation was filed after a considerable delay of one month, wherein there was material discrepancy and contradictions in the statements of complainant and witnesses. Even then this summoning order was passed. It was misuse of process of law. Hence, in order to secure ends of justice this application with above prayer has been filed.