Court No. - 33
Case :- APPLICATION U/S 482 No. - 38212 of 2018 Applicant :- Meraj Ahmad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicants; learned AGA for the State and perused the record.
The instant application has been filed for quashing the summoning order dated 16th April, 2018 and the proceedings of complaint case no.1569 of 2017, under sections 354, 323, 452, 504 and 506 IPC against the applicant no.1 and under sections 323, 452, 504 and 506 IPC against the remaining applicants which are stated to be pending in the Court of Chief Judicial Magistrate, Basti.
The complaint allegations do make out prima facie case against the applicants and the allegations have been supported by statement of Gulshan Jahan (the victim) recorded under section 202 CrPC upon which the learned Magistrate has issued summons against the applicants.
Learned counsel for the applicants has sought to raise argument that the allegations are false and that some other version had been taken in non-cognizable report that was initially lodged.
Upon perusal of the record it appears that NCR was lodged in respect of different incident by Ruksana whereas complaint was lodged in respect of an incident that occurred later as would be clear from a bare perusal of the complaint which also narrates the incident that took place earlier on that day and, thereafter, narrates the incident for which complaint was filed.
As the complaint allegations do make out a prima facie case and have been supported by statement of the victim recorded by the learned Magistrate, the summoning order and the consequential proceedings cannot be faulted. The application is dismissed.
Order Date :- 27.10.2018. Rks.