- (1.) The present application has been filed by the applicants with the prayer to quash the proceedings of complaint case no. 902 of 2009 under Sections 392,452,506 IPC, P.S. Civil Lines, District Moradabad as well as the summoning order dated 21.7.2015 pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad. Further prayer has been made to stay the further proceedings of the aforesaid Case as well as the summoning order.
(2.) Heard Shri S.D. Singh Jadaun, learned counsel for the applicant and the learned AGA appearing for the State and perused the entire record.
(3.) It was submitted by the learned counsel for the applicants that the complaint was filed on the basis of false facts. The applicants are the resident of district Ghazipur whereas the offence is said to have been committed at district Moradabad, which is improbable. The applicants and the opposite party no.2 are relative. It was further submitted that a criminal proceeding has been started on behalf of the applicants against the opposite party no.2 in which charge-sheet has been submitted and after framing the charge for the offence under Sections 504 and 506 IPC , the trial is going-on. It was further submitted that the applicant no.1 is aged about 70 years. It is improbable that the applicants had gone to Moradabad for committing the present offence. It was further submitted that the concerned Magistrate did not apply judicial mind while taking cognizance and summoning the applicants. The said order is illegal.;