Ram Krishna Gautam,J. - (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Raja Ram Yadav, Rajendra, Ram Shiromadi, Kallu, Nagendra and Lallu, against State of U.P. and Bhagirathi, with a prayer for setting aside summoning order, dated 23.7.2019, passed by the Special Chief Judicial Magistrate, Allahabad, and, thereby, entire criminal proceeding, in Complaint Case No. 6041 of 2016, under Sections 323, 504, 506, 392 of IPC.
(2.) Learned counsel for applicants argued that there is a litigation in between the parties, with regard to lease of land before the Revenue court and no such occurrence has ever occurred. It was a false accusation and malicious complaint and utter misuse of process of court, wherein, Sub Inspector of Police has filed his report, over an application, moved, under Section 156(3) of Cr.P.C., that no such occurrence ever took place. Alleged B.D.C. Member and Village Pradhan, who were said to be present on the spot, have filed their affidavit, denying any such occurrence. In a previous complaint, there was summoning, hence, subsequent complaint has been filed with a motive for harassing applicants. Hence, for avoiding abuse of process of law and to secure ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.;