- (1.) Heard Shri Jai Singh Yadav, learned counsel for the applicant and the learned A.G.A. for the State.
(2.) By means of this 482 Cr.P.C. application, the applicant is seeking quashing of the proceedings of complaint case No. 1932/9/2014 under sections 323, 504, 506, 392 and 342 I.P.C. police station Kundraki District Moradabad as well as quashing the summoning order dated 20.1.2014 passed by the Chief Judicial Magistrate, Moradabad.
(3.) From a perusal of the allegations made out in the complaint it is noticed that there was a dispute between the complainant and Salim, Aslam and Fahim sons of Hamidullaha alias Chhotey, Shabban son of Saidullaha and Zareef and Shareef sons of Iqbal. Further allegation is that on 17.4.2013 at about 11 a.m. when the complainant was present in his field alongwith his son Jubaira, accused persons reached there alongwith Anil Kumar Mishra, Daroga (applicant) and forcibly started loading the wheat crop on a Tractor Trolley. When the complainant tried to stop the accused persons, Anil Kumar Mishra is stated to have said that it is the order of the S.S.P., and this wheat belongs to the accused and they shall be permitted to lift the same. When the complainant asked Anil Kumar Mishra to show the order of the S.S.P. the applicant took out his Pistol and put the same on the head of the complainant threatening him after using abusive language and is also stated to have threatened that he and his son would be killed in an encounter.;