Ram Krishna Gautam,J. - (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Munesh, Gulab, Pappu and Smt. Sushama, against State of U.P. and Adesh Kumar, with a prayer for setting aside summoning order, dated 15.12.2017. passed by Judicial Magistrate, II, Saharanpur, and, thereby, entire criminal proceeding, in Complaint Case No. 1435 of 2019, Adesh v. Munesh and others, under Sections 323, 504, 506 and 452 of IPC, Police Station-Rampur Maniharan, Distric-Saharanpur.
(2.) Learned counsel for applicants argued that it is a counterblast case, filed by the complainant, levelling malicious accusation. Applicant no.3, Pappu, got Case Crime No. 177 of 2015, under Sections 323, 325 and 504 of IPC, on 22.5.2015, got registered, for an occurrence of 19.5.2015, at 7 AM, against Adesh, Opposite party no.2, herein, Anuj, Sethpal and Ravi, wherein, accusation, resulted in submission of chargesheet and after three months, this complaint case was got filed for same occurrence. Hence, for avoiding abuse of process of law, 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.;