- (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Mohit and Madan, with a prayer for setting aside summoning order, dated 19.4.2019, passed by Additional Sessions Judge, Saharanpur, in a proceeding related with Case Crime No.65 of 2017, and, thereby, entire criminal proceeding, under Sections 147, 148, 452, 506, 436, and 427 of IPC, read with Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Bargaon, District-Saharanpur.
(2.) Learned counsel for applicants argued that the applicant no.2, Madan, was not present on the spot of occurrence, rather, he was present somewhere else for which there is evidence on record. Occurrence took place, but, involvement of the present applicants was not there and this fact has been averred by each of the victim, by way of their affidavits, filed before the Investigating Officer, even then, chargesheet, for offences, as above, has been filed and cognizance over it has been taken by the Trial court. It is an abuse of process of law. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.;