- (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Sudhir Kumar Mishra @ Bablu Mishra and Lakshman Singh, with a prayer for quashing of impugned order, dated 22.8.2019, passed by Additional Sessions Judge, court no.3, Ballia, in Criminal Revision No.201/2018 ( Suhhir Kumar and others vs. State of U.P. and others ) and the impugned summoning order, dated 7.6.2018, passed by the Additional Chief Judicial Magistrate-I, Ballia, in Complaint Case No. 77 of 2018 (Old Case No.648 of 2015), Ajay Gupta vs. Sudhir Kumar Mishra and others , under Sections-354, 323 and 504 of IPC
(2.) Learned counsel for applicants argued that it is a malicious prosecution and false accusation, under misuse of process of law. Previously applicants had supported opponents of the complainant as a result of which animosity developed, which resulted in this false implication. There is material contradiction in the statement, recorded, under Sections 200 and 202 of Cr.P.C. Sequence of occurrence has apparently changed, even then, impugned summoning order was passed. There was no medical report. The alleged snatching of Rs.1,000/- was against fact. Hence, for avoiding abuse of process of law and securing 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.;