Application No. 13981 of 2017. Case: Pradeep Kumar and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 13981 of 2017
CounselFor Appellant: Naresh Kumar Pal, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Sections 452, 323, 504, 506, 354
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)


Surya Prakash Kesarwani, J.

The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Complaint No. 516 of 2015 Case No. 779 of 2016 (Manoj Kumar Vs. Pradeep and others), under Sections 452, 323, 504, 506, 354 IPC, P.S. Bakewar, District Etawah, pending in the court of Addl. Chief Judicial Magistrate, Court No. 4, Etawah as well as the summoning order dated 03.05.2016. Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false allegations and malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

On the other hand, learned AGA has submitted that the applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. The impugned order does not suffer from any illegality or infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel...

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