- (1.)Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.
(2.)This application under Section 482 Cr.P.C. has been filed by applicants Ram Prakash and four others against State of U.P. and Ramkesh with prayer to quash summoning order dated 11.10.2019 passed by Special Judge (D.A.A. Act)/ Additional Sessions Judge, Banda, as well as entire proceedings of Special Trial No. 40 of 2019, Ramkesh Vs. Ram Prakash and others, under Sections 394 , 504 , 506 I.P.C., P.S. Kalinger, district Banda, pending in court of Special Judge (D.A.A. Act)/ Additional Sessions Judge, Banda.
(3.)Learned counsel for the applicants argued that it was a false and malicious prosecution as a counter blast of a case, which was got registered against complainant and his family members, as criminal case No. 2/9/2011, State Vs. Sriram and others, arising out of Case Crime No. 50 of 2002, u/s 323, 324, 325, 504, 506 I.P.C ., P.S. Kalinger, District Banda, and the accused persons have been convicted for the above offences and they have enlarged on probation vide judgment dated 8.7.2013. Hence this application for ensuring ends of justice and avoiding abuse of process of law.