Decided on October 29,2013

Surendra Chaddha And Another Appellant
Kishan Maurya Respondents


U.C. Dhyani, J. - (1.) - The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 29.01.2010 passed by the Chief Judicial Magistrate, Udham Singh Nagar in Criminal Case No.1066 of 2009 titled as Kishan Maurya v. Surendra Chaddha and another under Sections 323, 392, 427, 504 and 506 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) Complainant (respondent herein) filed a criminal complaint case against the accused-applicants in the court of Chief Judicial Magistrate, Udham Singh Nagar. Respondent complainant entered into the witness-box under Section 200 Cr.P.C. Ikrar Ahmad and Kundan Lal Saxena were examined under Section 202 Cr.P.C. During the course of enquiry, learned Judicial Magistrate, Rudrapur, vide order dated 19.12.2009, directed the S.O., Pant Nagar to conduct an enquiry and submit a report.
(3.) The S.O., Pant Nagar submitted a report on 08.01.2010 which is annexed as Annexure-5 to the present application under Section 482 Cr.P.C. The S.O., Pant Nagar reported that since litigation was pending between the rival parties, therefore they cast aspersions on each other. It was inferred by S.O., Pant Nagar that no ingredient of any offence was made out during the course of enquiry. No assault or loot took place as alleged by the complainant, who also did not bother to submit any complaint in the police station concerned. But inspite of such report of S.O., Pant Nagar, accused-applicants were summoned by learned Chief Judicial Magistrate, Rudrapur to face the trial for the offences punishable under Sections 323, 392, 427, 504 and 506 IPC on the basis of the statements under Sections 200 and 202 Cr.P.C., vide order dated 29.01.2010. Aggrieved against the same, the present application under Section 482 Cr.P.C. was filed by the accused applicants.;

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