- (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 17.11.2015 passed by Chief Judicial Magistrate Hathras in Criminal Case No. 368 of 2015 arising out of case Crime No. 222 of 2013, under Section 302, 452 and 504 IPC, Police Station Mursan, District Hathras.
(3.) Submission of learned counsel for the applicants is that on submission of the final report, protest petition was filed. Applicants were summoned to face the trial for offences under Section 302, 504 IPC on the basis of evidence collected on the complaint. In-fact no one has seen the occurrence as is clear from the evidence recorded under Section 161 Cr.P.C. by the Investigating Officer. Present complaint is abuse of the process of law. There was no sufficient evidence to proceed with the trial. First Information Report was not lodged by any family member but informant is the stranger to the case. There is major contradictions in the evidence recorded on the complaint and the statement recorded by the Investigating Officer under Section 161 Cr.P.C. It was further argued that present matter relates to the sessions triable case and it was mandatory for the complainant to examine all the witnesses. Since, all the witnesses have not been examined on the complaint, therefore, proceeding of the aforesaid complaint is illegal and abuse of the process of law.;