ARVIND KUMAR MISHRA I
Saiful Islam @ Billu – Appellant
Versus
State of U. P. – Respondent
Arvind Kumar Mishra-I, J.
Heard learned counsel for the applicants and learned AGA for the State.
2. By means of the instant application, the applicants have prayed for qaushment of the entire proceeding and the summoning order dated 02.07.2014 passed by the Additional Chief Judicial Magistrate, Court No.1, Bareilly, in Complaint Case No.74 of 2014 Smt. Suhana Vs. Saiful Islam and others, under Sections 406, 323, 504, 506 I.P.C., Police Station Baradari, District Bareilly.
3. Contention has been raised on behalf of the applicants to the extent that the proceedings initiated against the applicants are in counterblast to the proceedings launched against father of the opposite party no.2 who is allegedly involved in murder of the applicants' brother and son respectively. The complainant has made vague and imaginary statement for bringing the case of the applicants within the purview of penal law. The complaint instituted by the opposite party no.2 is nothing but sheer misuse of the process of the Court.
4. Learned AGA has submitted that since the summoning order impugned was passed pursuant to the complaint and statement of the complainant and witnesses recorded under Section 200
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