- (1.) Heard Sri Sudeep Dwivedi, learned counsel for the applicants, Sri Brajesh Shukla, learned counsel for the opposite party no.2 and Sri R. K. Maurya, learned A.G.A. appearing for the State and perused the record. This application under Section 482 Cr.P.C. has been filed for stay the effect and operation of the impugned summoning order dated 12.10.2012, passed by the learned Special Chief Judicial Magistrate, Allahabad as well as stay the further proceeding initiated in terms of the order dated 12.10.2012 against the applicants. He further prayed for quashing the impugned summoning order dated 12.10.2012 as well as the entire proceeding of the complaint Case No. 726 of 2012 (Suresh Kumar Vs. Swami Nath and others), under Sections 323, 504, 206 IPC, Police Station Phoolpur, District Allahabad. The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
(2.) Learned AGA has vehemently opposed the prayer for quashing the proceedings of summoning order dated 12.10.2012, and has submitted that the same do not suffer from any illegality or infirmity. Considering the submissions advanced by the learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima-facie case made out against the applicants and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witness recorded under Section 200 and 202 Cr.P.C.
(3.) In view of the above, no ground for quashing the summoning order dated 12.10.2012, as well as entire proceeding of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. The prayer for quashing the summoning order dated 12.10.2012, as well as entire proceeding of the aforesaid case, is hereby refused.;