Mahendra Dayal, J. - (1.) Heard Shri Arun Sinha, learned counsel for the petitioners and Shri M.M. Srivastava, learned counsel for the respondent No.2 and perused the record.
(2.) The petitioners Manoj Saxena and Arpita Saxena have filed this writ petition for quashing of the Complaint Case No.1887/2015 as well as summoning order dated 08.07.2016, passed by Additional Chief Judicial Magistrate-IV, Lucknow, whereby the petitioners and two others have been summoned under Sections 323, 504, 506 IPC.
(3.) The brief facts giving rise to this petition are that the respondent No.2 filed a complaint against the petitioners and two others stating therein that the respondent No.2 is a resident of Sector-C, Aliganj while the petitioners are also resident of the same Sector-C, Aliganj. It was further stated that on 09.09.2015, at about 9.00 AM, the petitioners No.1 and 2 came in front of her house on a motorcycle and started abusing the respondent No.2. Thereafter, again on 21.09.2015, at about 11.00 AM, when the respondent No.2 had gone Kapoorthala Market, the petitioners No.3 and 4, on whose behalf this writ petition is not being pressed, came on a motorcycle No. UP-16-Q-3657 and pushed her. The public present there tried to stop them, but they managed to escape. However, no report of the said incident was made to the police. It is said that again on 28.09.2015, at about 9.00 AM, when the respondent No.2 returned back from Temple, the petitioners No.1 and 2 came on a motorcycle and not only abused her, but also extended threats of life. It is said that the CCTV recording of the said incident is available with the respondent No.2. It was also stated in the complaint that she went to the police station, but her report was not lodged. She also sent an application to the Senior Superintendent of Police, Lucknow, but again no action was taken.;