Slauddeen vs State of U. P. Thru. Prin. Secy. Home

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 60

SURESH KUMAR GUPTA
Slauddeen – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Anil Kumar Jaiswal.

JUDGMENT :

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

2. In view of order proposed to be passed, issuance of notice to opposite party no.2 is dispensed with.

3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 08.03.2022 as well as entire proceedings of Complaint Case No.1397 of 2019 under Sections 323, 452, 392 I.P.C., Police Station-Dhane Pur, District-Gonda.

4. Learned counsel for applicant has submitted that the opposite party no.2 moved a false and frivolous application u/s 156(3) CrPC against the applicant and the said application was treated as complaint case. Thereafter, on the basis of statements of the opposite party no.2 and witnesses recorded u/s 200 & 202 CrPC respectively, the trial court without applying judicial mind wrongly summoned the applicant.

5. It is next submitted that no offence as described in the complaint case or in the statement of the complainant as well as witnesses recorded during the course of investigation has taken place and the whole story as narrated in the complaint case as well as in the statements of the complainant as well as witnes

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