JAIPAL SINGH AND OTHERS Vs. JUDICIAL MAGISTRATE AND OTHERS
LAWS(UTN)-2013-10-119
HIGH COURT OF UTTARAKHAND
Decided on October 30,2013

Jaipal Singh And Others Appellant
VERSUS
Judicial Magistrate And Others Respondents

JUDGEMENT

- (1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicants seek to quash the summoning order dated 04.02.2011, as well as entire proceedings of complaint case no. 607 of 2010, under Sections 379, 323, 354, 504, 506 of IPC read with Section 34 of IPC, pending in the court of Judicial Magistrate, Laksar, District Haridwar.
(2.) A criminal complaint case was filed by the complainant (respondent no. 4 herein) against four accused persons (applicants herein) in the court of Judicial Magistrate, Laksar. After recording statement of respondent no. 4 under Section 200 of Cr.P.C. and statements of Rubi and Sunita under Section 202 of Cr.P.C., accused persons (applicants herein) were summoned to face the trial for the offences punishable under Sections 379, 323, 354, 504, 506 of IPC read with Section 34 of IPC, vide impugned order dated 04.02.2011, passed by learned Judicial Magistrate, Laksar, District Haridwar. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.
(3.) According to the private complaint, when respondent no. 4 was all-alone at her house on 10.08.2010, at 02:00 P.M., accused persons trespassed into her house, hurled abuses and assaulted her. When complainant-respondent no. 4 raised an alarm, Sunita, Kaman and Rubi came on the spot. Accused persons looted cash and ornaments from the house of complainant-respondent no. 4. Accused persons were inimical to her before this incident. The husband of complainant-respondent no. 4 serves in the Indian Army.;


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