MUSTAQ S/O SANNU AND ORS Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-5-103
HIGH COURT OF UTTARAKHAND
Decided on May 09,2012

Mustaq S/O Sannu And Ors Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under Section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 513 of 2010, Imtiyaz Hussain vs. Mustaq and others, relating to offences punishable under Section 452, 323, 504 and 506 of I.P.C. pending in the court of Judicial Magistrate Ist, Rudrapur, District Udham Singh Nagar.
(3.) Brief facts of the case are that respondent no. 2 Imtiyaz Hussain filed a criminal complaint (copy annexed as annexure no. 2 to the petition) alleging that on 25.11.2009, at about 6.30 p.m. petitioners Mustaq, Nijakat, Ram Lal and Inayat armed with LATHIES trespassed in the house of respondent no. 2 Imtiyaz Hussain due to land dispute, and voluntarily caused him injuries. On said criminal complaint filed on 01.04.2010, the Judicial Magistrate appears to have recorded statement of complainant under Section 200 of Cr.P.C., and that of witnesses under Section 202 of Cr.P.C. The Magistrate, after considering the statements, summoned the petitioners to face the trial in respect of offences punishable under Sections 452, 323, 504 and 506 of I.P.C.;


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