INTEZAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Intezar 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 16.09.2009, as well as the entire proceedings of criminal case no. 2378 of 2009, captioned as Smt. Kishwar Jahan vs Intezar and others, under Sections 323, 452, 504, 506 read with Section 34 of IPC, pending before the court of learned Judicial Magistrate I, Dehradun.
(2.) Complainant-Respondent no. 2 filed a criminal complaint case against the accused-applicants for the offences punishable under Sections 323, 452, 504, 506 read with Section 34 of IPC. Complainant-respondent no. 2 entered into the witness box under Section 200 of Cr.P.C. Izhar Ali and Zakir were examined under Section 202 of Cr.P.C. After considering the statements under Sections 200 and 202 of Cr.P.C., alongwith the documents, learned Judicial Magistrate I, Dehradun, vide order dated 16.09.2009, summoned the accused-applicants to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) Respondent no. 2 filed a counter affidavit to negate the assertions made by the applicants in application under Section 482 of Cr.P.C. A copy of application addressed to the Sr. Superintendent of Police, Dehradun was also enclosed as Annexure-C.A.1 to the counter affidavit. The injury report of respondent no. 2 was also brought on record as Annexure-C.A.2 to the counter affidavit. Complainant-respondent no. 2, as per the injury report, sustained abrasion, contusions, lacerated wound and abraded contusion on 05.10.2008, at 06:45 P.M. As per the opinion of the Medical Officer, all injuries sustained by Smt. Kishwar Jahan were caused by hard and blunt object. The injuries were fresh in duration and simple in nature. Annexure- R.A. 1 to the rejoinder affidavit suggest that the incident was reported by respondent no. 2 to the Sr. Superintendent of Police, Dehradun, but since no action was taken on the same, therefore, respondent no. 2 was compelled to file the criminal complaint case.;
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