JUDGEMENT
Raj Mani Chauhan, J. -
(1.) HEARD the learned Counsel for the petitioners and learned A.G.A. as well as perused the documents available on record.
(2.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners with the following prayers:
1. To issue a order or direction for quashing the impugned order of summoning dated 15.6.2010, passed by the opposite party No. 2 in complaint No. 4487 of 2010, under Sections 323, 504, 506 I.P.C. and Section 3(i)(x) SC/ST Act as contained in annexure No. 1 to this petition.
2. Issue an order or direction for quashing the entire proceedings of the complaint case No. 4487 of 2010, under Sections 323, 504, 506 I.P.C. and Section 3(i)(x) SC/ST Act, Police Station Lonar, District Hardoi, pending before the court of learned A.C.J.M. Vth, Hardoi as contained in annexure No. 3 to the petition.
The submission of the learned Counsel for the petitioners is that there is dispute between the complainant opposite party No. 2 and accused petitioner No. 1. A civil suit is already pending between the parties. The complainant opposite party No. 3 just to harass the accused petitioners has filed the present complaint in retaliation. The accused petitioner Nos. 2 and 3 are school going students. The complainant opposite party No. 2 wants to ruin their future too. Therefore, the proceeding of the criminal case No. 4487 of 2010 being malafide is liable to be quashed.
(3.) LEARNED A.G.A. supported the summoning order passed by the learned Additional Chief Judicial Magistrate, Vth, Hardoi.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.