Prempal and 2 Others v. State of U.P. and Another

Court No. - 55

Case :- APPLICATION U/S 482 No. - 45017 of 2019

Applicant :- Prempal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Rajendra Kumar Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under section 482 Cr.P.C. has been given requesting to quash the entire criminal proceedings arising out of Complaint Case No. 180 of 2019(Vinod Vs. Prem pal & others), under sections 392, 506 IPC, P.S. Gunnaur, District Sambhal, pending in the court of Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Chandausi, District Sambhal and to quash the impugned summoning order dated 21.8.2019 passed in said complaint case.

Submission of learned counsel for the applicants is that an application was given by the opposite party no. 2 under section 156(3) Cr.P.C. making allegation against the applicants that he and his father were going to the house of maternal uncle by motorcycle on the date of incident and at about 5.50 p.m. when they reached at T.C.L. Fertilizers Gate at Babrala-Gavan Road, the accused applicants came by three motorcycles along with two unknown persons and stopped the motorcycle of opposite party no. 2 by putting a country made pistol on his head and by giving threatening to kill him looted two mobile phones and Rs.3,20,000/- cash from the complainant side. Despite application being given about the incident, the police did not take any action. The application of opposite party no. 2 was registered as a complaint by order dated 18.3.2019 and after taking statement under sections 200 and 202 Cr.P.C., the applicant accused persons were summoned for the offence under section 392, 506 IPC.