VIJAY KUMAR GIRI Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed by Vijay Kumar Giri against State of U.P. and another, with a prayer for quashing the summoning order dated 03.02.2016 and N.B.W. dated 29.5.2019 as well as entire proceeding of Complaint Case No. 11 of 2019, (Anita Devi Vs. Vijay Kumar Giri), under Section 323 , 504 , 392 , 406 of I.P.C., P.S. Kotwali City, District Mirzapur, pending before the Court of IIIrd Additional Civil Judge (Junior Division), Mirzapur.

(2.) Heard learned counsel for the applicant and learned A.G.A. representing the State.

(3.) Learned counsel for the applicant argued that though it was a dispute of letter of reimbursement being said to be executed on 1.8.2008 wherein, limitation was of one year and in case of failure to make payment, complainant was to file a civil suit for realization of above amount along with interest, if any. But no such suit was ever filed and this false complaint was got lodged, which was beyond time. The very accusation was not substantiated by statement recorded under section 200 and 202 Cr.P.C. Hence, this application with above prayer.