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2021 Supreme(All) 1168

Ashok Nigam – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manas Bhargava.

JUDGMENT :

BRIJ RAJ SINGH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. By the present application under Section 482 Cr.P.C. the applicant has invoked the inherent jurisdiction of this Court with a prayer to allow this application and quash the entire proceedings of Complaint Case No. 5120 of 2007 (Smt. Asha Nigam vs. Ashok Kumar Nigam and Others) under Section 406, 323, 504, 506 I.P.C. and P.S. Kakadeo, Kanpur pending in the court of M.M. Xth, Kanpur Nagar and also quash its consequential summoning order dated 02.07.2008.

3. In this case, the complaint was filed by the opposite party No. 2 and the same has been entertained after recording the statement under Section 200 Cr.P.C. The Court below has summoned the applicant vide order dated 02.07.2008.

4. The scheme of Chapter-XV of Cr.P.C. is comprehensive and in detail. The object behind the provisions of Section 202 Cr.P.C. is to scrutinize carefully the averments in the complaint with a view to prevent a person named therein. A person should not be called on frivolous complaint. Summoning of an accused in a criminal case is a serious matter which is to be examined carefully on t

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