PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Pratap Singh, Rampal Singh, Vijay Chauhan @ Pappu, and Gaurav Singh, against State of U.P. and Ramveer Singh, with a prayer for quashing of criminal proceeding of complaint case no.150/2018 (Ramveer Singh vs. Pratap Singh and other), under Sections 379, 504, 506 IPC, Police Station-Kotwali Dehat, District-Etah, pending in the court of Civil Judge (J.D./J.M.), Etah.

(2.) Learned counsel for applicants argued that it was a malicious proseuction, in misuse of exercise of process of law. An application was moved before the District Judge by Raghunath Ji Maharaj Virajman Mandir, Village Babsa, Block Marhara, District Etah, Temple through Ramveer Singh, against applicants, with a prayer for getting permission for appointing Ramveer Singh, as a Manager/Trustee of above management of Temple, wherein, written statement, in the form of objection, was filed by the applicants, with negation of contents of the application, on 22.8.2016, as a result of which this false complaint was got filed by Ramveer Singh, with above malicious accusation, wherein, there is material contradiction in the statement recorded under Section 200 of Cr.P.C. and contention of the complaint. Witness, examined, under Section 202 of Cr.P.C., by way of an affidavit, has claimed that his statement was got recorded, under mis-statement of fact. Hence, this Application, with above prayer.

(3.) At the time of passing of order for summoning, under Section 204 of Cr.P.C. the Magistrate is expected to make application of judicial mind and to see as to whether prima facie any case is made out for summoning or not. At that time, he is not expected to make meticulous analysis of evidence.