Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the applicants and the learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed praying to quash the entire proceedings of Criminal Case No.2219 of 2015 (Bani Singh Vs. Virendra Singh and others) under Section 147, 302, 504 I.P.C., P.S. Sadabad, District Hathras, pending in the Court of C.J.M., Hathras as well as the impugned summoning order dated 21.10.2016.
(3.) Briefly stated facts of the present case are that one Sri Ranvir Singh (hereinafter referred to as the 'deceased'), uncle of the Opposite party No.2; was found dead on 30.1.2015 at Kursanda-Mai Marg near Samadhi. FIR was lodged by the Opposite party No.2 on 30.1.2015 being Case Crime No.15 of 2015 under Section 147, 302 I.P.C., P.S. Sadabad Kotwali, District Hathras, in which the applicants were named. As per post-mortem report, the cause of death was shock and hemorrhage as the result of ante-mortem injuries. The Investigating Officer made investigation and recorded statements of several persons and came to the conclusion that the deceased excessively consumed alcoholic liquor due to which, he fell in a pit and died. The I.O. submitted a final report dated 4.5.2015 in which, he mentioned that the FIR has been falsely lodged to implicate the applicants herein with whom the opposite party no.2 and his family members have enmity and the FIR was lodged to build pressure in some other criminal case instituted against the first informant.;