Sarvesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 913 of 2024

Applicant :- Sarvesh Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Dheeraj Awasthi,Krishna Kant Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Dheeraj Awasthi, learned counsel for the petitioners and Sri Vishwanath Nishad, learned AGA for State.

1. Issue notice to opposite party no. 2 returnable at an early date.

1. Steps within a week.

1. Office to proceed accordingly.

1. By means of this petition the petitioners have prayed for quashing of the summoning order dated 15.12.2023 (Annexure no. 1), as well as entire proceeding of the Complaint Case No. 2364 of 2022 (Ravi Kumar vs. Sarvesh Kumar and others), u/s 323, 452, 504, 506 IPC, P.S. Gangaghat, District Unnao pending in the court of C.J.M., Unnao to the extent it relates to the petitioners.

1. Learned counsel for the petitioner has stated that the opposite party no. 2 has exerted undue pressure upon the petitioners to settle the dispute which is of civil nature by taking recourse of the criminal proceedings which is not permissible under the law, in view of the settled proposition of the law settled by the Apex Court.