Decided on October 23,2013

BADRE ALAM Appellant
Shafeek Ahamad Respondents


- (1.) The applicant, by means of present petition/application moved under Section 482 Cr.P.C., seeks to quash the proceedings of Criminal Case No. 979 of 2006, Shafeek Ahmad vs. Badre Alam, for the offences punishable under Sections 452, 323, 504 and 506 IPC, pending in the Court of Judicial Magistrate, Haldwani.
(2.) A criminal case was filed by the complainant (respondent herein) against the accused (applicant herein) in the Court of Judicial Magistrate, Haldwani, District Nainital. Statement of the complainant was recorded under Section 200 Cr.P.C. Statements of Habib Ahmad and Abdul Rashid were recorded under Section 202 Cr.P.C. After considering the statements of the complainant and his witnesses, coupled with the documentary evidence in the form of notice etc., accused-applicant was summoned to face the trial for the offence punishable under Sections 452, 323, 504 and 506 IPC. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved.
(3.) According to the complainant, on 15.01.1999 at 8:30 a.m. the accused-applicant came to his house along with two young people. The accused called him. The complainant went outside. The accused ridiculed him for sending notice. The complainant insisted that he was keen for taking action on the notice. The accused hurled abuses at the complainant, slapped on his face and asked other people to accompany him to teach lesson to the complainant. The complainant entered into his house. Accused, along with his companions, trespassed into his house and assaulted him with kicks and fists. The complainant and his wife raised alarm. Habib Ahmad and Rashid, who were standing on the road, intervened and saved him. Accused, along with his companions, threatened the complainant with dire consequences and fled away. Although, the complainant approached PS Haldwani, but his first information report was not registered. The complainant thereafter sent the report through registered post to SSP, Nainital on 16.07.1999. Since the police did not take any action, therefore, the complainant was compelled to file the complaint. The complainant, in the course of his statement under Section 200 Cr.P.C., supported the complaint story. The accused was senior clerk in the office of Wakf Commissioner, Nainital. He got the Notice issued to the complainant. When he responded to the Notice, the accused demanded a pressure cooker and cash of Rs. 5000/-. Later on, it was discovered that the name of the complainant in the Notice was wrong and the Notice was got issued in the name of forged complainant. The complainant issued the notice to the accused which was served upon him. On 15.07.1999, the alleged incident took place when the complainant declined to withdraw his Notice. Statement of the complainant was supported by Habib Ahmad and Abdul Rashid in their statements under Section 202 Cr.P.C. Having found prima facie case against the accused, learned Judicial Magistrate, Haldwani, on being satisfied that there is sufficient ground for proceeding against the accused, summoned him to face the trial. There appears to be no illegality in the impugned order.;

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