- (1.) Heard learned counsel for the applicants, learned counsel for the first informant, learned AGA for the State and perused the record.
(2.) This application u/s 482 Cr.P.C. has been moved for quashing the entire proceedings of complaint case no.50 of 2016, under sections 323, 504, 506, 354 452 IPC and 3(1)x S.C./S.T. Act pending before Special Judge, S.C./S.T. Act/Additional District Judge, Court No.2, Bhadohi as well as summoning order dated 25.6.2016.
(3.) Learned counsel for the applicants submitted that the proceedings of complaint case pending before Special Judge, S.C./S.T. Act/Additional District Judge, Court No.2, Bhadohi as well as summoning order dated 25.6.2016, are liable to be quashed on various ground mentioned in the accompanying affidavit; that there is a dispute of drainage between the parties on account of which proceedings under section 107/116 Cr.P.C. were initiated against the husband of opposite party no.2; that no incident as mentioned in complaint ever taken place on 16.2.2016 and false complaint has been made by opposite party no.2 in order to harm and harass the applicants; that the impugned summoning order is without jurisdiction as the Special Judge, S.C./S.T. Act had no power to take cognizance on a complaint case; that the copy of order sheet of the complaint case at Annexure No.8 shows that the complaint was filed in the Court of C.J.M., Bhadohi at Gyanpur and was transferred to the Court of Special Court of Additional Sessions Judge, Court No.2 by the order of District and Sessions Judge, Bhadohi on 12.5.2016 and the above Special Judge under S.C./S.T. Act, after recording the statement of witnesses under section 202 Cr.P.C. has taken cognizance and issued process vide impugned order dated 25.6.2016 at Annexure No.7.;