Om Prakash -VII, J. - (1.) The present application has been filed by the applicant with the prayer to quash the proceedings of complaint case No. 4278 of 2015 pending in the Court of Additional Chief Judicial Magistrate, Court No. VIII, Ghaziabad under Ss. 323, 504, 506 IPC read with Sec. 3(1)10 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Further prayer has also been made to stay the further proceedings of the aforesaid Case.
(2.) It appears that opposite party No. 2 was the Director of M/s. R.M.S. Club and Resorts Private Ltd. The company sold the land of Khasra No. 924, situated at Village Mehrauli, District - Ghaziabad (measuring 0.3310 Hectr.) by means of registered sale -deed to M/s. Ghaziabad Holdings Private Ltd. The purchaser of the land started construction over the remaining land, which was not sold by the R.M.S. Club and Resorts Pvt. Ltd. The complainant filed a case in the Court of Sub -Divisional Officer, Ghaziabad under Sec. 41 of the Land Revenue Act. When the complainant resisted construction over the remaining land, an altercation ensued and Bharat Kumar, Ashwani and Vineet Goel (applicant) alongwith two unknown persons gave threat and started assaulting the complainant and also used caste remarks. Consequently, Rajveer sustained injury. The opposite party No. 2 had given application about the incident to the Senior Superintendent of Police, Ghaziabad but nothing was done in the matter. Therefore, the opposite party No. 2 filed the aforesaid complaint. Statements under Sec. 200 and 202 Cr.P.C. were recorded. Having been prima -facie satisfied with the contents of complaint as well as the statements recorded under Ss. 200 and 202 Cr.P.C., the court concerned has passed the impugned summoning order dated 20.8.2015. Aggrieved with the said order, the applicant has approached this Court through the present application.
(3.) Heard Shri Anoop Trivedi, learned counsel for the applicant, Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Samit Gopal, learned counsel for the opposite party No. 2 and the learned AGA appearing for the State and perused the entire record.;