Application No. 14024 of 2017. Case: Hukam Singh and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 14024 of 2017
CounselFor Appellant: Kashi Naresh Mishra, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueIndian Penal Code - Sections 498A, 323, 504, 506
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

Heard learned counsel for the applicants and the learned A.G.A.

On similar set of allegations, the opposite party no. 2 has earlier filed a Complaint Case No. 2554 of 2015 (Smt. Ramwati Vs. Hukam Singh and others) which was dismissed by the learned Addl. Chief Judicial Magistrate, Court No. 4, Aligarh by order dated 08.07.2016. The learned Addl. Chief Judicial Magistrate recorded a finding that the complaint was found to be false with respect to the alleged incident dated 07.07.2015 at about 2.00 p.m. After about one month of the dismissal of the aforesaid complaint, the opposite party no. 2 filed another complaint dated 08.08.2016 making similar allegations with only change of date which she mentions as 16.07.2016.

Learned counsel for the applicants submits that the opposite party no. 2 has abused the process of court and therefore, entire proceedings of Complaint Case No. 9510 of 2016 (Ramwati Vs. Hukam Singh and others), under Sections 498-A, 323, 504, 506 IPC, P.S. Quarsi, District Aligarh including the impugned summoning order dated 10.02.2017 passed by Chief...

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