- (1.) This application under Section 482, Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Criminal Case No. 46 of 2003 under Sections 500 and 506, I.P.C. (Lodhayee v. Smt. Prabhawati and another) pending before Judicial Magistrate, Basti and also to set-aside/quash the order dated 3.6.2003 passed by the Sessions Judge, Basti in Criminal Revision No. 300 of 2003, Ram Nayan and another v. Lodhayee and another. Brief facts giving rise to the present case are that applicant No. 1 had moved an application before the Superintendent of Police, Basti on 28.11.2002 with the allegation that opposite party No. 2 and some other persons had committed offence entering into her house and also took away idol of Lord Shiva and they were also trying to take forcible possession of her house. Later on, a complaint was filed by the opposite party No. 2 before the Magistrate concerned with the allegations that the application dated 28.11.2002 moved by the applicant No. 1 was based on false facts to lower down the image of the opposite party No. 2 and others and with the act of the applicant, image of the opposite party No. 2 was diminished in the society and before the police. The Magistrate recorded statements under Sections 200 and 202, Cr.P.C. on the complaint and vide order dated 26.3.2003 summoned the applicants to face the trial for the offence under Sections 500 and 506, I.P.C. Against the said order, a revision was filed before the Sessions Judge, Basti, which was dismissed on 3.6.2003 after hearing both the parties.
(2.) Feeling aggrieved with the said order, the present application has been filed.
(3.) I have heard Shri B.K. Mishra, learned counsel for the applicants and the learned A.G.A. for the State and perused the entire record.;