SHIV SAHAI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants over this Application, moved by the applicants, under Section 482 of the Code of Criminal Procedure, 1973, (In short 'Cr.P.C.'), with a prayer for setting aside summoning order, dated 26.10.2018, passed by the court of Ist Additional Chief Judicial Magistrate, Shahjahanpur, in Criminal Complaint Case No. 5201 of 2016, Kallu vs. Shiv Sahai and others, under Sections 148, 149, 452, 380 and 506 of Indian Penal Code (In short 'IPC'), Police Station-Panaur, District Shahjahanpour , thereby, quashing entire criminal proceeding of above case, as well as learned AGA, representing the State of U.P. and perused the record.

(2.) Learned counsel for the applicants argued that this was a malicious prosecution and misuse of process of law. A complaint case was filed by the applicants' side against the present complainant side as Complaint Case No. 354 of 2016, wherein, on the date of occurrence, i.e., 21.4.2016, at about 07:00 AM, there occurred some quarrel between the kids and when the complainant went there to get the matter settled, Kallu, Sonelal, Natthu, Sudesh and Raju, armed with Lathi and Danda, came there. They abused complaint and did assault. They have been summoned for offences, punishable, under Sections 323, 504, 506 IPC and in counter-blast, present complaint has been filed by the other side, wherein, there was variance in the statements of complainant and his witnesses. There was no medico legal report nor any injury report, even then, impugned summoning order was passed. Hence, this Application, with above prayer.

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