Decided on December 04,2013

Gyan Bansal And Another Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants Gyan Bansal and Himanshu Bansal by means of present application under Section 482 Cr.P.C., seek to quash the impugned cognizance and summoning order dated 23.04.2010 passed by learned Chief Judicial Magistrate, Udham Singh Nagar, in Criminal Case no. 1486 of 2010, captioned as Vishnu Khandelwal vs. Gyan Bansal and another, under Sections 323, 504 and 506 IPC, pending before the said Court.
(2.) An FIR was lodged by the complainant (respondent no. 2 herein) against the accused persons (applicants herein) at PS Rudrapur on 16.02.2003, which was registered under Sections 395 and 397 IPC. After the investigation, Final Report was submitted by the investigating officer on 30.09.2003. Protest petition was filed by the complainant on 13.02.2007. Learned Chief Judicial Magistrate, Udham Singh Nagar rejected the Final Report and summoned the accused persons, namely, Gyan Bansal and Himanshu Bansal for the offences under Sections 323,504 and 506 IPC, vide order dated 23.04.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant (respondent no. 2 herein) the incident took place on 16.02.2003 at 9:20 am. Accused persons surrounded him, hurled abuses and grounded him. They started beating him with kicks and fists. Gyan Bansal and Himanshu Bansal took out their country-made pistols and threatened him with dire consequences. Himanshu Bansal snatched his golden chain and Gyan Bansal took out Rs. 7000/- from him. When the complainant raised an alarm, Mohan Lal, Hori Lal and others came and intervened. Accused persons fled away. According to the complainant, there were many other miscreants along with Gyan Bansal and Himanshu Bansal. Complainant was unaware of their names but could indentify them, if and when they appear before him. There was a dispute of money between the parties. There was heated exchange of words between the parties. A scuffle took place and therefore, the police report in final form was submitted on 30.09.2003.;

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