Decided on September 05,2013

Shyam Prakash Srivastava And Others Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the impugned summoning order dated 24.04.2009, passed by learned Judicial Magistrate, Khatima in criminal case no. 418 of 2009, State vs Dr. Shyam Prakash Srivastava and others, under Sections 323, 504, 506 of IPC as well as the entire proceedings of the aforesaid criminal case.
(2.) Taking recourse to Section 156(3) of Cr.P.C., respondent no. 2 was able to lodge an FIR against four accused persons, including the applicants, in police station, Khatima on 18.02.2009, under Sections 452, 323, 506 of IPC. After the investigation, charge-sheet was submitted against the accused persons for the selfsame offences. Cognizance on the same was taken. Aggrieved thereby present application under Section 482 of Cr.P.C. was preferred by the accused-applicants.
(3.) According to the complainant / respondent no. 2, he was posted as Assistant Commissioner, Commercial Tax at Khatima and was living in Khatima. He was married to Manisha Srivastava (non-applicant) on 27.04.2007 at Jalaun (U.P.) according to Hindu rites and rituals. A daughter was begotten by Manisha Srivastava out of said wedlock. Wife of respondent no. 2 started misbehaving with him and his family members. Manisha threatened them that they will be falsely implicated in dowry harassment case. On 27.08.2008, at 07:30 P.M., when respondent no. 2 and his wife were sitting in their house, accused-applicants entered into the house and assaulted him. Applicant no. 2 put revolver in the temple of respondent no. 2 and said that he was taking Manisha Srivastava (his neice) alongwith him. If respondent no. 2 dared to lodge a report in the police, he will be doing so at his own peril. Accused-applicants took Manisha, daughter alongwith all other valuables in a car and went to Jalaun. An FIR was attempted to be lodged at police station Khatima, but to no avail. Respondent no. 2 wrote an application to Sr. Supreintendent of Police, Udham Singh Nagar, but no action was taken. Lastly, after filing an application under Section 156(3) of Cr.P.C., the FIR could be registered.;

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