Neutral Citation No. - 2025:AHC-LKO:26558 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3691 of 2025 Applicant :- Zaki Ahmad And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amrendra Singh Somvanshi,Abhishek Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Amrendra Singh Somvanshi, learned counsel for revisionist as well as learned Additional Government Advocate for the State. 2. By means of present application U/s 482 Cr.P.C. the applicant has challenged the order dated 06.01.2023 passed by the Chief Judicial Magistrate, Hardoi in Complaint Case No. 22296/2023 U/S 323, 506 I.P.C. (Ali Ahmad Vs. Zaki Ahmad & others). 3. A perusal of the impugned order indicates that a complaint has been moved by respondent No. 2 stating that his son is married to daughter of respondent No. 2 while the rest of the applicants are relatives. It has been stated that there is a matrimonial dispute in existence due to which a F.I.R. has been registered on behalf of the applicants against the respondent No. 2 and her family members and talks about settlement are in progress. 4. It is alleged that on 09.06.2022 under the garb of having talks for settlement the applicants have forcefully entered the house of the complainant and abused and physically assaulted the complainant. It is only when she made a cry they ran away from the spot. When the first information report was not lodged then the application U/S 156(3) of Cr.P.C. was filed and statements U/S 200 and 202 of the Cr.P.C. were recorded on behalf of the complainant. 5. As per the statements U/S 200 of Cr.P.C., they have supported the case of the prosecution and considering the entire material before them that the impugned summoning order has been issued against the applicants 6. The only ground raised by the applicants in the present case is that the distance between two place of the residence of the applicants and respondents which are 100 k.m. and the the facts as disclosed are highly improbable and also that there is a previous enmity between the parties and for the aforesaid reasons, the proceedings deserves to be quashed. 7. Learned A.G.A. on the other hand has opposed the present case and he has submitted that at the stage of summoning the Magistrate is required to look only into the material on record and in case a cogent offence is made out, he is bound to issue summons to the accused. 8. Considering the aforesaid facts, this Court finds that the complainant has been cogently implicated the applicants with regard to the incident occurred on 09.06.2022 where there are clear allegations of physical assault and abuse. The motive is also extremely clear as per the complaint because the children of the applicant and the complainant have been married and a matrimonial dispute is already pending. Considering the aforesaid, this Court finds that there were sufficient grounds made out for summoning the applicants. 9. Further the grounds raised are merely a defence raised by the applicants which can be raised by them at the appropriate stage of proceedings. No ground for interference is made out, the present application U/S 482 Cr.P.c. is bereft of merits and is accordingly dismissed. (Alok Mathur, J.) Order Date :- 7.5.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench