Om Prakash, J. - (1.) Despite service of notice the opposite party no. 2 is not present nor any counter affidavit is on record. At this juncture, on the request of the learned counsel appearing for the applicants as well as learned A.G.A. appearing for the State matter is decided on merits.
(2.) The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 18.9.2015 passed by Additional Sessions Judge, Court No. 5, Ghazipur in Criminal Revision No. 31 of 2014 as well as order dated 5.1.2016 in complaint case no. 2982 of 2015 under Sections 323, 452, 504, 506 IPC, Police Station Mardah, District Ghazipur. Further prayer has been made to stay further proceedings of the aforesaid case.
(3.) Learned counsel for the applicants submits that for the same set of fact one complaint in the form of Application U/S 156 (3) Cr.P.C. had been filed by one Sheodhar who is said to be injured. Court below dismissed the complaint under Section 203 Cr.P.C. on merits finding no prima facie case. Thereafter opposite party no. 2 with malafide intention filed the present complaint on the same set of facts against the applicants suppressing the rejection of first complaint under Section 203 Cr.P.C. Since one complaint had already been dismissed on merits, second complaint for the same set of facts was barred. Thus by entertaining the complaint and passing summoning order vide order dated 5.1.2016 the courts below have committed illegality. Revisional court also did not consider the true effect of the order passed on the first complaint under Section 203 Cr.P.C. and illegally observed that provision of Section 300 Cr.P.C. would not create any bar in entertaining the second complaint and passing the summoning order. Referring to the judgment and order passed by the revisional court learned counsel appearing for the applicant also argued that proceedings of the aforesaid complaint is barred for the reasons mentioned above and is abuse of process of law as the summoning order is illegal.;