RAM KRISHNA GAUTAM,J. - (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Nahar Singh, Manmohan @ Teetu, Deepu @ Devendra and Manoj, with a prayer for setting aside summoning order, dated 19.9.2019, passed by the Judicial Magistrate, Sadabad, Hathras, and, thereby, entire criminal proceeding, in Complaint Case No. 164 of 2018, Shashi Prabha v. Nahar Singh and others, under Sections-452, 323 and 354 of IPC, Police Station-Sahpau, District-Hathras
(2.) Learned counsel for applicants argued that a civil suit was filed for cancellation of sale deed, which was got executed by the complainant and as a result of the same this malicious prosecution, in misuse of process of law, wherein, there is no medico legal report of any injury, but, even this, summoning order has been passed. 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.;