Decided on May 13,2013

Pramendra Appellant
Intazar Ali Respondents


- (1.) The applicant, by way of present petition under Section 482 Cr.P.C., seeks to quash the proceedings of criminal case no. 969 of 2007, captioned as Intezar Ali vs. Pramendra and others, under Sections 323, 504, 506 and 452 IPC, which allegedly occurred within the jurisdiction of PS Kotwali, Jwalapur, District Hardiwar.
(2.) A criminal complaint case was filed by the respondent Intezar Ali against the applicant Pramendra and another (Ghanshyam) in respect of offences punishable under Sections 323, 504, 506 and 452 IPC. The statement of complainant was recorded under Section 200 Cr.P.C. The statements of the witnesses Yaseen and Taseen were recorded under Section 202 Cr.P.C. Having found a prima facie case against the accused persons, they (Applicant Pramendra and Ghanshyam) were summoned to face the trial in respect of offences said above. Aggrieved against the said order, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant, the complainant along with the accused persons, entered into an agreement with Umardaraz s/o Maksood Ahmad on 07.02.2007 in favour of Intezar Ali for Rs. 23, 50,000/-. The earnest money of Rs. 5,87, 500/- was given to Umardaraz. The complainant and the accused persons were equal partners in the said land. Later on, it transpired that Umardaraz was not the owner in possession of the land in question. His name was not recorded in the revenue records. The complainant filed a criminal complaint against him, which was registered as case crime no. 425 of 2007. Said criminal case is pending. Fissures were created between the complainant and the respondent. On 09.09.2007, at 6:00 p.m., accused persons (trespassed into the house of the complainant) and hurled abuses at him (the complainant). They (accused) also assaulted the complainant. The neighbors intervened. The accused persons threatened complainant with dire consequences. He went to PS Jwalapur to lodge the report but the same was not lodged. As a consequence thereof, the complainant moved an application to SSP, Haridwar. Since no action was taken by the police, therefore, the criminal complaint case was filed. The complainant in his statement under Section 200 Cr.P.C. supported the complaint story. His witnesses, namely, Yaseen and Taseen corroborated complainant's version. The statements on oath of the complainant and his witnesses cannot be brushed aside at this stage.;

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