- (1.) THIS application has been pre ferred under Section 482 of Criminal Procedure Code for quashing of the charge-sheet dated 31-10-2003 and cognizance taken thereon on 2-12-2003 by the Judicial Magistrate, Roorkee.
(2.) BRIEF facts of the case, according to the applicants are that an F. I. R. was lodged by the complainant- Raj Kumar on 25-11-2002 at P. S.-Bhagwanpur (District-Hardwar) under Sections 307, 323, 324, 452, 504 and 506 I. P. C. that the petitioner assaulted his family members. The case was reg istered at Crime No 176 of 2002. According to the FIR, on 24-11-2002 at about 9. 00 p. m. , when nephew of the complainant/respondent no. 3, namely, Ankur was sleeping in his house, Mr. Narendra Kumar and Satish Kumar (present applicants) en tered in his house and tried to stran gulate him by Muffler. Mr. Ankur woke up and started hue and cry. On hear ing the noise, his mother (Arpita) and younger sister (Alpana) arrived at that place and resisted them from doing so. The applicants ran away from there hurling filthy words and beating all the three with fists, slaps and knives. All the three, namely, Ankur, his mother and his younger sister received griev ous injuries. They also threatened that they would not leave them alive and they would take revenge from them for initiating litigation proceedings. The opp. parties also threatened them whenever they would get chance, they would kill Mr. Ankur. The Investigating Officer after completing the investigation submitted charge sheet on 31-10-2003 against the applicants under Sections 323, 324, 504, 506 & 307 I. P. C. rely ing upon' the medical report of injured Ankur.
(3.) THE Judicial Magistrate, Roorkee, Haridwar took cognizance and issued bailable-warrant against the applicants on 2-12-2003 and ensured the presence of the applicants (ac cused) in the court fixed the date for appearance on 9-12-2003. Applicants were not arrested by the Police Au thorities. THE S. S. P. Haridwar ordered further investigation of the case U/s 173 (8) of Cr. P. P. assigning it to Spe cial Investigation Squad after submis sion of the aforesaid charge-sheet. THE Investigating Officer (Special Investigation Squad) moved an application on 8-12-2003 before the trial Court seek ing permission for further investigation as per provisions of Section 173 (8) Cr. P. C. THE Learned Magistrate granted permission accordingly on the same date. THEreafter, another appli cation was moved by Investigating Officer on the very same day praying for suspension of the proceedings till the completion of further investigation. THE Magistrate granted this permission too and suspended the proceedings. The Investigating Officer (Spe cial Investigation Squad) during this further investigation arrested both the applicants under Sections 323, 324, 504, 506 I. P. C. and produced them before the Court, from where, both were released on bail on 14-12-2003.;