NAND LAL YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Nand Lal Yadav and ten others, against State of U.P. and Nanhey Lal Yadav, with a prayer for setting aside summoning order, dated 9.7.2019, passed by Chief Judicial Magistrate, Bhadohi, in Complaint Case No. 93 of 2019, (Nanhey Lal Yadav vs. Nand Lal Yadav and others), under Sections 147, 148, 149, 323, 504, 506 and 427 of IPC, Police Station- Bhadohi, Distric- Bhadohi.

(2.) Learned counsel for applicants argued that it was a malicious prosecution. A civil suit is pending in between both sides and with a view to put pressure to enter into a compromise, this false accusation was got lodged, wherein, impugned summoning order, as above, was passed. It was a counterblast to the Civil Suit pending. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) From very perusal of the complaint, filed before the Magistrate, it is apprent that pendency of Civil Suit and dispute regarding existence of Araji Nos. 95 and 100 has been said to be in it. The same is pending and this was an occurrence regarding same dispute. The occurrence was said to be of 31.3.2017, at 9.00 AM, when those named accused persons, armed with Lathi and Danda, did assault by hurling abuse and extending threat of dire consequences. In furtherance of common object, there was unlawful assembly and they did assault over complainant and his family members. Information of this occurrence was instantly said to have been reported at Dial 100, as a result of which, Police rushed on the spot. Injured Rajendra Prasad and his wife, Gita Devi, were examined at Government Hospital, wherein, Rajendra Prasad, was referred for X-ray, at Mirzapur. They, all, were having injury. Occurrence was witnessed by Sante Lal and Banke Lal and many others. This contention is intact in statement, recorded, under Sections 200 and 202 of Cr.P.C. Injured, Rajendra Prasad and his wife, Gita Devi, were medically examined and their medico legal report was placed before the Magistrate. Gita Devi has been examined, under Section 202 of Cr.P.C., wherein, she has reiterated, contention of complaint. Statement of Rajendra Prasad, too is of same tune. Hence, the Magistrate, passed impugned summoning order, on the basis of evidence, taken on record, in his enquiry. The order seems to have been passed upon those evidences and there appears to be no illegality or irregularity in it.