UMESH CHANDRA TRIPATHI
Shitala Prasad Gaud – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Umesh Chandra Tripathi, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 10.08.2018 passed by Additional Civil Judge (S.D.) II/ A.C.J.M. Jaunpur as well as entire proceedings of Complaint Case No. 1269/2018 (Geeta Devi Vs. Shitala Prasad and others), under Sections 323, 504, 506, 427, 452, 354 of the Indian Penal Code, 1860, Police Station - Kerakat, District -Jaunpur.
3. It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
4. Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings and passing of the impugned summoning
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