Decided on February 27,2012

Arvind Mohan Badoni And Others Appellant
State of Uttarakhand and another Respondents


Servesh Kumar Gupta, J. - (1.) BY means of this petition, the prayer has been advanced to quash the proceedings of criminal complaint case No. 508/2007 pending in the court of Special Judicial Magistrate -II, Dehradun (original No. 1171/2004 instituted in the court of Chief Judicial Magistrate, Dehradun) and also the order of cognizance passed on 4.12.2007 against all the petitioners for the offence of Sections 323, 504 and 506 IPC.
(2.) IT is pertinent to mention that none has turned up on behalf of private respondent No. 2 despite there being sufficient service upon him. So, this Court has given hearing to learned counsel for the petitioners and learned AGA for the State. Having heard learned counsel for the petitioners, it transpires that they run a Kids School in the building which is owned by the private respondent and his family. This way, private respondent is the landlord and the petitioners are the tenants in the premises. Civil litigations at various levels were instituted ever since 1982 to strive the vacation of the building but landlord could not succeed. Landlord and his family members endeavoured to pressurize the tenant Sri Badoni for vacation of the building by otherwise means through the allegation of offence under Sections 457/380 IPC, wherefor the report was lodged bearing crime No. 19/1995 at P.S. Kotwali, Dehradun on 7.1.1995. After investigation, a final report was submitted, but on the protest petition advanced by Mr. Badoni, a criminal complaint case No. 1690/2005 was registered by learned Magistrate and after making enquiry u/s 200 and 202 Cr.P.C., the order of cognizance was passed on 9.11.2005 for the offence of Sections 457/380 IPC against Madan Mohan Srivastava (father of private respondent). The Court has been apprised that the said order of cognizance was challenged by Sri Srivastava by means of a petition u/s 482 Cr.P.C., which is still pending before the Court for hearing.
(3.) SRI Srivastava, facing the above criminal litigation in the court of the Magistrate, filed the impugned complaint on 29.7.2004, narrating the incident of 26.7.2004, therein raising several allegations to the tune of Sections 323/504/506/427/452 IPC against the instant petitioners. It was alleged therein that on 26.7.2004, the complainant's old father Madan Mohan Srivastava, along with his elder brother, came to meet the complainant. After sometime, the petitioners Arvind Mohan Badoni, his wife Smt. Satyawati and son Praveen Mohan Badoni, besides 2 -3 other persons, came in the complainant's house and committed the said incident.;

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