Court No. - 49
Case :- APPLICATION U/S 482 No. - 24287 of 2021 Applicant :- Bharat Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 14.9.2021, the applicants have been summoned in Complaint Case No.67 of 2017 u/s 323, 387, 504, 506 (2) IPC and Section 3 (2) 5Ka of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, S.C./S.T. Act, 1989, P.S. Uldan, District Jhansi. The learned Judge has recorded a categorical finding that he is prima facie satisfied on basis of the statements of the complainant and his witnesses recorded under Sections 200 and 202 Cr.P.C. that the offences under the above provisions are made out and there exists sufficient material to proceed against the applicants.
Learned counsel for the applicants submitted that the complainant has falsely implicated the applicants inasmuch as she is a fair price shop dealer and on complaint made by the applicants, her license has been suspended.
The issue as to whether there is false implication cannot be examined at this stage, being a matter of evidence.
I find no good ground to interfere with the impugned order. The petition is accordingly dismissed.
(Manoj Kumar Gupta,J.) Order Date :- 21.12.2021 SL