Decided on September 05,2013

Raseela 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 order dated 06.01.2009 and summoning order dated 16.07.2009, passed by Addl. Chief Judicial Magistrate III, Dehradun in criminal case no. 58 of 2008 and criminal case no. 03 of 2009, subsequently renumbered as Misc. Case No. 112 of 2009, both pending in the court of Judicial Magistrate, Vikas Nagar, Dehradun.
(2.) Taking recourse to Section 156(3) of Cr.P.C., complainant-respondent no. 2 was able to lodge an FIR against the accused-applicants in police station Sahaspur under Sections 323, 504, 452, 325 of IPC. After investigation, final report was submitted in the case. When the protest petition was moved the same was registered as complaint case against the applicants. Cognizance was taken on the same by learned Magistrate. Having found a prima facie case against the accused-applicants, they were summoned to face the trial by learned Addl. Chief Judicial Magistrate III, Dehradun, vide order dated 16.07.2009. Aggrieved thereby, present application under Section 482 of Cr.P.C. was preferred by the accused-applicants.
(3.) According to complainant-respondent no. 2, Islamuddin and Raseela lived in his neighbourhood. A dispute arose over construction of bathroom and latrine. The accused persons were trying to demolish the same. On 27.01.2008, at 05:00 P.M., when the accused came to demolish the bathroom, complainant refrained them from doing so. Accused-applicants could not tolerate the same. They hurled abused at the complainant and assaulted him. The complainant-respondent no. 2 rushed to his room. Accused persons trespassed into his house and again assaulted him, as a result of which, his nasal bone was broken. When alarm was raised, wife and son of the complainant came to save him. The complainant was taken to Primary Health Center, Sahaspur whereupon, he was referred to Doon Hospital. Statement of the complainantrespondent no. 2 was recorded under Section 200 of Cr.P.C. The same was supported by Raseela and Izhar in their statements recorded under Section 202 of Cr.P.C. Medical report was also brought on record. ;

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