Pankaj Naqvi, J. - (1.) Heard Shri Janardan Prasad Tripathi, learned counsel for the applicant and Shri Ajay Singh Sengar holding brief of Shri Vijay Singh Sengar on behalf of O.P. No.2.
(2.) This application under Section 482 Cr.P.C. has been filed challenging the order dated 30.10.2015 as well as proceedings of Special Complaint Case No. 45/10 (Mohd. Javed vs. Mohd. Hussain & Others) under Sections 392, 323 & 506 I.P.C., pending before the Additional Sessions Judge/Special Judge, DAA, Auraiya.
(3.) The applicant is the real brother of Ms. Shahana Parveen w/o. Mohd. Javed/opposite party no. 2. It appears that a matrimonial dispute arose between the couple with the filing of the cases including a complaint filed by opposite party no. 2 against the applicant as Complaint Case no. 45/2010 on 06.07.2010 in which after recording the statement of opposite party no. 2 and his witnesses, applicant stood summoned under order dated 04.07.2012 for offences under Sections 392, 323 & 506 IPC. The applicant challenged his summoning in A-482 No.8364 of 2014 which came to be disposed of on 25.03.2014 directing the applicant to claim discharge, which came to be rejected on 30.10.2015, impugned herein.;