LAWS(ALL)-2019-10-57

VINOD Vs. STATE OF U. P.

Decided On October 21, 2019
VINOD Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants over this Application, moved under Section 482 of Code of Criminal Procedure, 1973 (In short 'Cr.P.C.'), by the applicants, with a prayer for quashing of impugned summoning order, dated 1.7.2019, passed by the Additional Chief Judicial Magistrate, Firozabad, thereby, entire criminal proceeding of Criminal Complaint Case No. 03181 of 2018, Smt. Guddi Devi vs. Indrapal & others, under Sections 354, 323 and 504 of Indian Penal Code (In short 'IPC'), Police Station Narkhi, District Firozabad, as well as learned AGA, representing State of U.P., and perused the record.

(2.) Learned counsel for the applicants argued that there is no injury nor any such occurrence ever occurred, but this complainant, by way of an application, under Section 156 (3) of Cr.P.C., was treated as complaint, wherein, above summoning order was passed. Occurrence was said to be of 28.7.2018, at 2.00 PM, and this delayed report was filed on 26.9.2018, under Section 156 (3) of Cr.P.C and this summoning order was passed against fact on record. Applicants have already filed a case against the complainant and her family members, wherein, this accusation was levelled that some money was advanced and when demanded back this false accusation was threatened and subsequently was got lodged. Hence, this was misuse of process of law and as such by means of this Application, under Section 482, a prayer for exercise of inherent power by this Court for setting aside summoning order as well s entire criminal proceeding of complaint case, aforesaid, has been made by the applicants.

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