RAMSWAROOP Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants namely, Ramswaroop, Bhupkishor, Jashoda, Gayatri and Brijpal, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to quash entire proceeding of complaint case no. 14/2019 (Smt. Somwati vs. Ramswaroop and other) under Sections 452, 323, 504, 506 and 427 I.P.C., P.S. Shahbad, District Rampur, pending in the course of A.C.J.M., Court No. 2, Rampur. It is further prayed to quash the summoning order dated 02.05.2019 passed by A.C.J.M., Court No. 2, Rampur.

(2.) Learned counsel for the applicants argued that case crime No. 25 of 2019, for offences punishable under Sections 452, 324, 504, 506 I.P.C., was got registered, upon the report of Ramswaroop, against Bhagirath and Mohanlal, wherein, informant's wife and daughter Gayatri, was badly beaten by accused persons and Gayatri had sustained grivious hurt. This false complaint has been got lodged by Smt. Somwati, wife of Bhagirath, against the applicants, as a counter blast of above offence. This is the misuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.

(3.) From the very perusal of complaint, it is apparent that on 8.1.2019, at about 7:30 P.M., while Gayatri was busy with cleaning of drainage and causing nuisance, this was protested by complainant. Gayatri abused, whereupon Ramswaroop, Bhupkishor, Jashoda, Gayatri and Brijpal, under joint mensrea, did criminal trespass and did assault with complainant. Her husband and son tried to intervene but they too, were badly beaten and damage by way of mischief, worth Rs. 5,000/-, was made by them. They had extended threat of dire consequences and ran from spot. This contention has been said, in the statement recorded under Section 200 and 202 of Cr.P.C., in enquiry made by Magistrate. Impugned summoning order has been passed, on the basis of that evidence, collected by Magistrate in its enquiry. The First Information Report reveals that an occurrence of the same date and same place, in between, for which charge-sheet has been said to have been filed. Hence, this accusation is counter blast or is the sequence which occurred, is a question of fact, to be seen by trial Court in the trial.