ANIS AHMAD AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-9-47
HIGH COURT OF UTTARAKHAND
Decided on September 05,2013

Anis Ahmad And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the impugned order dated 10.09.2009 as well as entire proceedings of criminal complaint case no. 863 of 2009, Ali Ahmad vs Anis and others, under Sections 452, 323, 504, 324 of IPC, pending in the court of Judicial Magistrate, Khatima, District Udham Singh Nagar.
(2.) Complainant-respondent no. 2 filed a criminal complaint case in the court of Judicial Magistrate, Khatima on 05.09.2009, against the accused-applicants. After recording the statement of Ali Ahmad (respondent no. 2) under Section 200 of Cr.P.C. and statements of Abdul Kayyum and Shakir Ahmad under Section 202 of Cr.P.C., having found a prima facie case for the offences punishable under Sections 452, 323, 504, 324 of IPC, accused-applicants were summoned to face the trial, vide order dated 10.09.2009. Aggrieved against the same, present application under Section 482 of Cr.P.C. was preferred by the accused-applicants.
(3.) According to complainant-respondent no. 2, on 19.07.2009, at 10:00 A.M., when he was laying roof of his house, accused persons, who were armed with sticks, came and hurled abuses at him. They assaulted the complainant and his son Shakir Ahmad. Accused Anis Ahmad inflicted blow of knife on the son of the complainant. Complainant's son sustained injuries in his hand. Complainant and his son were also beaten with sticks by the accused persons. An alarm was raised. Amir Ahmad and Sahadat Hussain intervened and saved the complainant and his son. Complainant's son was medically examined. Medico-legal examination of Shakir Ahmad is brought on record. When the complainant went to lodge the FIR, police challaned his son, in as much as a cross FIR was lodged by the opposite side against them.;


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