Decided on October 22,2013

Tauhid And Another Appellant
Sibtain Khan Respondents


- (1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the cognizance order dated 26.10.2009 passed by the Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Complaint Case No.720 of 2009 titled as Sibtain Khan vs. Tauhid & another under Sections 323, 452, 504 & 506 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) A criminal complaint case was filed by complainant/respondent against 5 accused persons, including the present applicants in the court of Additional Judicial Magistrate, Udham Singh Nagar. After recording of statements under Sections 200 & 202 Cr.P.C., accused-applicants were summoned to face the trial for the offences punishable under Sections 323, 452, 504 & 506 I.P.C., vide order dated 26.10.2009 passed by the Judicial Magistrate, Rudrapur. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by accused-applicants.
(3.) Complainant/Respondent gave his statement under Section 200 Cr.P.C. and supported the contents of the criminal complaint case. He said, among other things, that the incident took place on 09.08.2009 at about 10:00 AM at Jha Colony within the jurisdiction of Police Station Pant Nagar. Accused persons hurled abuses at complainant-respondent, took ornaments and cash from the almirah of complainant and, when the complainant raised objection, accused persons assaulted him. Many people of the locality intervened and saved the complainant-respondent. The complainant reported the offence to the police station concerned. He also gave an application to the Senior Superintendent of Police, but no action was taken on the same, therefore, the complainant-respondent was compelled to file the criminal complaint case against the accused-applicants. It is also alleged that the complainant sustained injuries. Complainant-respondent examined himself under Section 200 Cr.P.C. Four witnesses, namely, Saleem CW1, Zahid Khan CW2, Liyakat Khan CW3 and Mohd. Hanif CW4 were examined under Section 202 Cr.P.C. After having found a prima facie case for the offences punishable under Sections 323, 452, 504 & 506 IPC, the applicants were summoned to face the trial. The learned Magistrate gave cogent reasons while passing the impugned order. There appears to be no illegality in the impugned order.;

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