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2019 Supreme(All) 2686

RAM KRISHNA GAUTAM
Sugreev Nishad – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
Mahboob Ahmad, Advocate, Zia Qadir, Advocate

JUDGMENT :

Ram Krishna Gautam, J.

The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the impugned summoning order dated 13.09.2017, bailable warrant dated 30.07.2018 and 22.10.2019, issued by Additional Chief Judicial Magistrate Ist, Ballia as well as entire proceeding of Complaint Case No. 345 of 2013 (Pramila Devi Vs. Sugreev Nishad and others), pending in the court of learned Additional Chief Judicial Magistrate Ist, Ballia, under Section 392 I.P.C., Police Station Kotwali Rasra, District Ballia.

2. Heard learned counsel for the applicants and learned A.G.A. representing the State.

3. Learned counsel for applicants argued that applicant no. 2 is father of applicant no. 1. As per prosecution itself, there had been enmity regarding preparation of Visa and this was the reason that this malicious prosecution. No such occurrence ever occurred. Police report of this fact is there that no such occurrence has occurred, even then, impugned summoning order has been passed. Hence, this application with above prayer.

4. Learned A.G.A. has vehemently opposed the application with this contention that com

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