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2016 Supreme(All) 2031

OM PRAKASH VII
Somwati – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Sudhir Kumar.
For the Respondent: G.A.

JUDGMENT

Om Prakash-VII,J.

The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 6592 of 2014 under Sections 436, 452, 323, 427 IPC, Police Station Ughaiti District - Budaun arising out of summoning order dated 5.5.2015 pending in the court of Additional Chief Judicial Magistrate-I, Budaun. Further prayer has been made to stay the further proceedings of the aforesaid case.

2. Heard learned counsel for the applicant and the learned AGA appearing for the State.

3. It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

4. On the other hand, learned AGA has submitted that applicant has been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any





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