INDRESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Smt. Indresh and Lekhraj, against State of U.P. and another, with a prayer for setting aside summoning order, dated 5.7.2019, passed by the Court No.9 of Additional Sessions Judge, Moradabad, alongwith order dated 26.7.2018 of Court No.5 of Additional Chief Judicial Magistrate, V, Moradabad, with entire criminal proceeding of Complaint Case No.1082 of 2012, under Sections 323, 504, 420, 506 of Indian Penal Code (IPC), Police Station- Civil Lines, District Moradabad.

(2.) Learned counsel for applicants argued that, on the basis of statements recorded, under Sections 200 and 202 of Code of Criminal Procedure, 1973 (Cr.P.C.), applicants were summoned for offences, punishable, under Sections 323 and 504 of IPC. Subsequently, on the basis of same evidence, which was recorded under Section 244 of Cr.P.C., Magistrate opined to frame charges for offences, punishable, under Sections 420 and 506 of IPC. This order was challenged before the Court of Revision, wherein, Court of Additional Sessions Judge, Court No.9, Moradabad, in Criminal Revision No. 123 of 2018, Lekhraj and another vs. State of U.P. and another, dismissed revision and, thereby, confirmed order of the Magistrate, which was abuse of process of law. Hence, this proceeding, under Section 482 of Cr.P.C., with above prayer.

(3.) Heard learned counsel for both sides and gone through materials on record.