Decided on May 15,2013

Brijballabh Singh Yadav Appellant
State Of Uttarkahand And Another Respondents


- (1.) The applicant, by way of present application under Section 482 Cr.P.C., seeks to quash the summoning order dated 29- 09-2008 passed by Additional Chief Judicial Magistrate, Kashipur in Criminal Case no. 1842/2008, Jagdish Narayan Yadav v. Brij Ballabh Singh Yadav and 2 others in respect of offences punishable under Section 452, 323, 504 I.P.C. and also seeks to quash the proceedings of the same.
(2.) Upon a criminal complaint filed by the respondent no. 2 against the applicant, the applicant was summoned to face the trial for the offences punishable under Section 452, 323, 504 I.P.C. The allegations against the applicant, in a nutshell were that on 07-09-2008 at 07.00 p.m. when complainant was taking meals along with his wife, accused along with two unknown people tres passed into the house of the complainant and hurled abuses at him. When the complainant told him not to do so, the accused assaulted the complainant with kicks and fists. When complainant's wife Asha Devi tried to save the complainant, accused also assaulted her. No report was lodged in P.S. Kashipur. Complainant sent an application to the S.S.P. by registered post, but since no action was taken, therefore the complaint was lodged. Complainant supported the complaint story in his statement under Section 200 Cr.P.C. Two witnesses, namely, Asha Yadav and Dinesh Kumar were examined under Section 202 Cr.P.C. Asha Yadav was the wife of the complainant. Having found a prima facie case against the accused, the accused was summoned to face the trial vide order dated 29-09-2008. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) Respondent no. 2 was issued notice but none appeared for him despite service of notice.;

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