Court No. - 44
Case :- APPLICATION U/S 482 No. - 25137 of 2018 Applicant :- Kadhora And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kunwar Hans Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kunwar Hans Pratap Singh, learned counsel for the applicants, and the learned Additional Government Advocate for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 3rd July, 2018 passed by the Special Judge (Dacoity Affected Area), Hamirpur, in Complaint Case No. 09 of 2018 (Kallu vs. Kadhora & Others), under Sections 392, 504 and 506 of the Indian Penal Code, Police Station Jariya, District Hamirpur as well as the entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants invited the attention of the Court to the first information report dated 30th December, 2017 lodged by Kallu son of Braj Bihari, opposite party no.2 herein, which was registered as Case Crime No. 20 of 2017, under Sections 323 and 504 of the Indian Penal Code.
Perusal of the said first information report goes to show that the same was in respect of an incident, which occurred on 30th December, 2017 at 02:00 p.m.
Learned counsel for the applicants drew a parallel between the aforesaid first information report and the complaint dated 23rd January, 2018 filed by opposite party no.2, a copy of which is on the record as Annexure-6 at page 31 of the paper book. In the complaint, it has been alleged by the opposite party no.2 that the incident occurred on 30th December, 2017 at 01:00 p.m. He therefore, submits that the allegations made in the complaint are prima faice false in view of categorical recital contained in the first information report dated 30th December, 2017. On the aforesaid factual premise, it is urged by the learned counsel for the applicants that the present criminal proceedings initiated by opposite party no.2 against the applicants are not only malicious but also amount to an abuse of the process of the Court.
Having considered the facts and circumstances as brought on record and the submissions advanced by learned counsel for the applicants and the learned Additional Government Advocate for the State, matter requires consideration.
Issue notice to opposite party No.2, calling upon him to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.
(Rajeev Misra, J.) Order Date :- 26.7.2018 Sushil/-