MAKKHAN SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Makkhan Singh, Maharaj Singh, Pavan and Raju, against State of U.P. and Indrawati, with a prayer for setting aside summoning order, dated 25.3.2019, alongwith entire criminal proceeding of Criminal Complaint Case No. 115 of 2017, Indrawati vs. Makkhan Singh and others, under Sections 323, 379, 504, 506 of IPC, Police Station-Hathras Junction, Distric-Hathras, pending in the court of Judicial Magistrate, Hathras.

(2.) Learned counsel for applicants argued that Makkhan Singh had got a case registered against Amit, Ajit and Yadram, on 8.4.2016, for offences, punishable, under Sections 147, 148, 324, 504 and 427 of IPC, read with 3(1)(x) of the S.C./S.T. Act, for an occurrence of 7.4.2016, at about 9.00 PM, wherein, investigation resulted in submission of chargesheet for offences, punishable, under Sections 147, 148, 324, 504 and 427 of IPC, read with 3(1)(x) of the S.C./S.T. Act, against accused persons. Present complaint case is a counterblast of previous case and a false case has been got lodged by Opposite party no.2, Indrawati, wherein, present applicants have been summoned for above offence. Applicant no.1 is a retired government teacher, having no criminal antecedent. There is a misuse of process of law, hence, present proceeding, with above prayer, for ensuring ends of justice.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.