SANTARPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants, by means of this application under Section 482 Cr. P. C. , have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceeding as well as impugned summoning order dated 19. 04. 2019, passed by learned Judicial Magistrate, Baghpat in Complaint Case No. 544 of 2019 (Netrapal Versus Santarpal and others), under Sections 323 , 504 , 506 I. P. C. , Police Station Singhawali Aheer, District Baghpat and all the consequential proceedings thereon.

(2.) Heard learned counsel for the applicants and learned A. G. A. representing the State.

(3.) Learned counsel for applicants argued that Santarpal and Netrapal are real brothers. Civil suit is pending in between. Many cases were filed by Netrapal against Santarpal, which ended either in form of final report or in acquittal. The list of same has been filed at page no. 54 of this paper book. The present case was a malicious prosecution in furtherance of misuse of process of law. Hence, this application with above prayer.