Decided on December 02,2013

Deshpal Singh Chauhan Appellant
SUNIL KUMAR Respondents


- (1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 06.05.2013 passed by the Judicial Magistrate, Haridwar in Criminal Complaint Case No.208 of 2013 titled as Sunil Kumar vs. Deshpal Singh Chauhan under Sections 452, 323 & 504 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal complaint case pending before the said court.
(2.) A criminal complaint was filed by the complainant (Sunil Kumar s/o late Harish Chand) against the accused persons (applicants herein) in the court of Chief Judicial Magistrate, Haridwar. After recording of statement of Sunil Kumar s/o late Harish Chand (complainant) under Section 200 Cr.P.C. and statements of the witnesses, namely, Arjun and Sunil Kumar s/o Ilam Singh under Section 202 Cr.P.C. and after having found a prima facie case against the accused persons, the cognizance was taken by the Judicial Magistrate, vide order dated 06.05.2013 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) The injury report of Sunil Kumar s/o late Harish Chand (complainant) was also brought on record. According to the complaint, the accused-applicants trespassed the house of complainant on 30.12.2012 at 10:00 AM and hurled abuses at him. Whereas accused-applicant no.2 (Smt. Savita) assaulted the complainant with fist, accused-applicant no.1(Deshpal Singh Chauhan) beat him with lathi (stick). Witnesses, namely, Arjun, Dushyant and Sunil Kumar s/o Ilam Singh intervened and saved the complainant from clutches of accused persons. The complainant got his injury examined at Government Hospital. He made an attempt to lodge the FIR, but the police did not register the case, hence, criminal complaint case.;

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