Neutral Citation No. - 2025:AHC:87489 Court No. - 87 Case :- APPLICATION U/S 482 No. - 43352 of 2024 Applicant :- Hasan Shuja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.,Syed Ahmed Faizan Hon'ble Prashant Kumar,J. 1. Heard Sri Yadvesh Yadav, learned counsel for the applicant, Shri Syed Ahmed Faizan, learned counsel for the opposite party no. 2 and learned A.G.A. for the State- opposite party no. 1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to quash the summoning order dated 28.02.2024 as well as entire proceedings of Complaint Case No. 1248 of 2023, Muziburrahman vs. Hasan Shuja, under Section 500 I.P.C., Police Station Amroha Nagar, District Amroha pending in the court of learned Additional Civil Judge (J.D.)/ Judicial Magistrate 1st, District Amroha. 3. Factual aspect of the instant matter is that a complaint Case was filed by the opposite party no. 2 against the applicant on 20.02.2023, with the allegation that he had published a News with regard to one Hasan Shuja, who was trying to illegally usurp the waqf land showing it as his own land. Aggrieved with the said publication Hasan Shuja got a false complaint filed through a lady namely Rehana in Police Station Amroha Nagar. When the same was investigated upon by the Higher Authority, it was found that the entire complaint was false, therefore, investigation was wound up. However, News of this complaint was widely spread in the town, which causes unnecessary humiliation to the opposite party no. 2 and hence an application for defamation had been filed. On this complaint, learned Magistrate proceeded and after adducing evidence under sections 200 and 202 of the Cr.P.C., summoned the applicant under section 500 I.P.C., vide order dated 28.02.2024, which is under challenge by means of the instant application. 4. Learned counsel for the applicant submits that earlier to filing of the aforementioned complaint applicant had made a complaint on 19.01.2023 against the opposite party no. 2 before the District Magistrate stating therein that opposite party no. 2 does not possess valid R.N.I number for daily News even then he is publishing daily news. This fact has already been proved in the inquiry. He further submits that the instant complaint case was filed after lapse of one month and has been filed in counter-blast to the earlier complaint filed by the applicant. He further submits that as per the allegation made in the complaint, a women had filed a complaint against the opposite party no. 2, there is no evidence against the applicant. He further submits that the News publication in which it was alleged that the applicant is trying to usurp the Waqf land is incorrect, as the land in question is his ancestral property. He further submits that the order passed by the learned Magistrate is unjust and passed in a very mechanical manner which is sheer abuse of the process of the law, therefore, order passed by the Magistrate in the aforementioned complaint case is liable to be quashed. 5. Per contra, learned counsel for the opposite party no. 2 and learned AGA for State submit that the complaint given by the applicant to the District Magistrate is pending and nothing has been found against the opposite party no. 2. They further submit that the allegations levelled in the complaint is corroborated by the evidence adduced under section 200 and 202 Cr.P.C., therefore, the summoning order passed by the trial court is just and proper, there is no illegality, as the same has been passed after considering the evidence brought on record, therefore, no interference is required by this Court in the instant matter. 6. Heard the submission advanced by the learned counsel for the parties and perused the record. 7. It is evident in the complaint that the opposite party no. 2 had made News publication against the applicant with regard to usurping of Waqf land, but there is nothing on record to establish that the allegation levelled in the complaint is incorrect. Aggrieved by this complaint, it is alleged that the applicant had got a false and frivolous complaint filed through a lady Rehana in Police Station Amroha Nagar, against the opposite party no. 2, which after investigation found incorrect and due to wide spreading of this false complaint opposite party no. 2 faces unnecessary humiliation and he filed a defamation case. Acting upon the complaint learned Magistrate after adducing evidence under sections 200 and 202 of the Cr.P.C., summoned the applicant. 8. Considered the submission advanced on behalf of both parties and having perused the material on record, this court does not see any illegality, incorrectness or impropriety in the order passed by the trial court summoning applicant, and there seem to be no abuse of the Court's process also, therefore, the prayer for quashing of summoning orders dated 28.02.2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, 1st, District Amroha, in Complaint Case No. 1248 of 2023, Muziburrahman vs. Hasan Shuja, under Section 500 I.P.C., Police Station Amroha Nagar, District Amroha is refused. 9. Application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 22.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad