HIRA SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
HIRA SINGH AND OTHERS
State of Uttarakhand and another
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(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 03.06.2008 (Annexure 3 to the affidavit) and order dated 06.12.2008 (Annexure 6 to the affidavit), passed by Addl. Chief Judicial Magistrate, Kashipur, in criminal case no. 944 of 2008, Jaswinder Singh vs Hira Singh and others, under Sections 504 and 506 of IPC, registered with police station Kashipur, District Udham Singh Nagar.
(2.) Respondent no. 2 filed a criminal complaint no. 944 of 2008 against the accused persons / applicants in the court of Addl. Chief Judicial Magistrate, Kashipur. After recording the statement of the complainant / respondent no. 2 under Section 200 of Cr.P.C. and statements of the witnesses, namely Pawan Kumar and Yashwant Chauhan under Section 202 of Cr.P.C., the accused-applicants namely, Hira Singh, Jagir Singh and Guruwinder Singh were summoned to face the trial in respect of offences punishable under Sections 504 and 506 of IPC. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was preferred.
(3.) Notice was issued to respondent no. 2, but none appeared on behalf of said respondent, despite service of notice on 14.01.2009. An affidavit was filed on behalf of the applicants in support of their contention that the impugned order should be interfered with. The averments contained in the affidavit of the applicant Guruwinder Singh are not controverted by respondent no. 2 on account of non-filing of counter affidavit.;
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