BHALLU Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit, filed, today, by learned counsel for applicants, is taken on record.

(2.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Bhallu @ Hari Narayan and three others, with a prayer for setting aside impugned summoning order, dated 27.4.2019, passed by court of Additional Chief Judicial Magistrate, Bhadohi, at Gyanpur, in Criminal Complaint Case No.960 of 2016, Rakesh Kumar Yadav v. Bhallu @ Hari Narayan and others, under Sections-323, 504, 506, 452 and 427 of IPC, Police Station-Gyanpur at Bhadohi.

(3.) Learned counsel for applicants argued that initially a Non-Cognizable Report was filed. Thereafter, an Application, under Section 155(2) of Cr.P.C., was filed for a direction for investigation of above NCR case. It was treated as a complaint case and therein, a summoning order was passed, which was challenged in revision before the Sessions Judge and it was allowed. The matter was remanded back. Subsequently, after hearing, summoning order has been passed by the Magistrate, again, for offences, punishable, under Sections 323, 504, 506, 452 and 427 of IPC, which is in misuse of process of law. Accused persons are uncles and family members of the complainant. There is a dispute regarding demarcation of land in between them and this false case was got lodged. There is material contradiction in the statement made and the contentions in Non-Cognizable Report. Hence, for avoiding abuse of process of law and for ensuring ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.