BRIJESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit, filed today, by learned counsel for applicant, is taken on record.

(2.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Brijesh Yadav, against State of U.P. and Devajeet Yadav, with a prayer for quashing of entire criminal proceeding, pursuant to order passed by Second Additional Chief Judicial Magistrate, Ghazipur, in Complaint Case No. 273 of 2015, under Sections-323, 504, 506 and 427 of IPC, pending before the court of Second Additional Chief Judicial Magistrate, Ghazipur.

(3.) Learned counsel for applicant argued that it was a false accusation in which there was no medical evidence nor any medical evidence was discussed in the impugned order. For same occurrence, NCR was got registered, being NCR No.63/2015, on 7.6.2015, but, with a considerable delay of eleven days, that too, with no plausible explanation for delay, this complaint was filed, wherein, impugned summoning was made by the Magistrate, concerned. Another, NCR, being NCR No.149/2015, dated 29.11.2015 was also got registered by the complainant. These subsequent reports are being lodged only with an intention to create obstruction in the way of applicant in getting a Government job of Police Constable for which a Character verification has been issued by the District Magistrate to the Police Station, concerned, and in abuse of process of law, with above malice, these reports and present complaint are being lodged, wherein, impugned summoning order has been passed. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer for securing ends of justice.