Learned counsel for the applicant submitted that there is a property dispute between the parties as a regular suit no.262/2013 [Amrit Lal & Another vs. Bachchu Lal and Others] which was filed in the Court of Civil Judge (Junior Division), Ambedkar Nagar which is going on and the respondent were trying to make pressure for compromise. As earlier in the year 2013 one NCR No.58/2013 under Sections – 323, 504, 506 IPC, police station – Malipur, District – Ambedkar Nagar was also lodged against the private respondent and other family members and thereafter in the year 2018 private respondent and other family members forcibly entered into the house of the applicant and also assaulted with intention to make pressure on them for compromise in the aforesaid civil suit as a result FIR No.3/2018, under Sections – 147, 323, 504, 506, 452, 427 IPC, Police station – Malipur, District – Ambedkar Nagar was lodged by the father of the applicant in which charge sheet has already been submitted and thereafter only with the intention to make pressure on the basis of the concocted facts NCR No.106/2017 under Sections – 323, 504, 427 IPC was lodged at police station – Malipur, District Ambedkar Nagar by the private respondent and thereafter order was passed under Section 155 (2) CrPC and the investigation was conducted and after detailed investigation final report was submitted on 22.10.2018 and also recommended proceedings under Sections 182 CrPC against the complainant but the protest petition was filed by the private respondent and without considering the entire material of the case diary learned court below rejected the final report and treated the protest petition as a complaint and recorded the statements under Sections 200/202 CrPC and impugned summoning order was passed and as such the impugned proceedings is abuse of the legal provisions and he also relied on the decision rendered by the Hon'ble Apex Court in the case of State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and also prayed for kind indulgence of this Court.
