HONBLE YOGESH CHANDRA GUPTA,J. - (1.) HEARD learned counsel for the applicants, learned counsel for the opposite party no.
(2.) , learned A.G.A. and perused the record. 2. means of this application under Section 482 Cr.P.C., applicants are praying to quash the entire proceedings of Complaint Case 308 of 2008, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Nagina District Bijnor, and the order dated 28.02.2009 whereby the learned Magistrate has summoned the applicants for facing trial under Sections 148, 323, 504, 506 I.P.C. It would appear from the record that on 03.11.2008 one Mahesh s/o Lavkesh, informed the police that on the said date at about 09.00 a.m. complainant Mahesh and his other family members were beaten by accused-persons Suresh, Shishpal and Harpal with lathi and danda. Accused-persons also threw bricks on the complainant and his other family members, hitting complainant Mahesh in his head. On the information given by complainant Mahesh an N.C.R. No. 12 of 2008 under Sections 323 and 504 I.P.C. was registered against the aforesaid accused- persons at P.S. Rehar, District Bijnor. It would further be seen that on 18.11.2008 Lavkesh, opposite party no. 2 father of aforesaid complainant Mahesh moved an application under Section 156 (3) Cr.P.C., under Sections 307, 323, 324, 504, 506, 147 I.P.C. before the Chief Judicial Magistrate, Bijnor against the aforesaid accused-persons, including two others, namely, Jaipal and Bhodeo. Besides narrating the incident dated 03.11.2008, complainant/opposite party no. 2, Lavkesh in his application under Section 156 (3) Cr.P.C. also stated that the police had not transcribed the correct version and the names of all accused-persons involved in the incident as narrated by his son Mahesh. It appears that on application under Section 156 (3) Cr.P.C. learned Magistrate directed the police to investigate the N.C.R. No. 12 of 2008. The police made investigation with respect to the said N.C.R. No. 12 of 2008 and on 13.12.2008 submitted chargesheet against the accused-applicants, Suresh, Shishpal and Harpal, under sections 323 and 504 I.P.C. only. It would further be seen that on 19.12.2008 complainant/opposite party no.2, Lavkesh moved a complaint regarding the same incident against the accused-applicants, namely, Suresh, Shishpal, Harpal, Jaipal and Bhodeo, under Sections 147, 148, 323, 325, 504, 506 and 452 I.P.C. Learned Magistrate held an enquiry into the matter, examined complainant and his witnesses under Sections 200 and 202 Cr.P.C. and thereafter taking cognizance, by his order dated 28.09.2008 summoned the applicants, namely, Suresh, Shishpal, Harpal, Jaipal and Bhodeo, under Section 148, 323, 504 and 506 I.P.C.
(3.) THE main contention raised on behalf of applicants is that once the chargesheet with regard to the N.C.R. No. 12 of 2008 was submitted and cognizance taken thereon, there was no occasion for the Magistrate to further enquire into the matter and take cognizance on the complaint filed by opposite party no. 2, Lavkesh, therefore, the proceedings of Complaint Case No. 308 of 2008 and the summoning order passed thereon against the applicants is bad in law and is liable to be quashed.;