MUSTAQ S/O SANNU AND ORS Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
Mustaq S/O Sannu And Ors
State of Uttarakhand and Ors
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(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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