Om Prakash, J. - (1.) The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 298 of 2016, under Sections 494, 498-A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Padri, District -Mirzapur arising out of summoning order dated 3.8.2017 pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division)/FTC, Mirzapur. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) Heard learned counsel for the applicant and the learned AGA appearing for the State. It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity. On the other hand, learned AGA has submitted that applicant has been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
(3.) Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.;