Amar Singh Chauhan, J. - (1.) Heard Sri Mukhtar Alam, learned counsel for the applicants and learned AGA for the State. Despite sufficient service, opposite party no. 2 did not turn up.
(2.) The applicants, Anoop Mehrotra and one other, through this application under section 482 Cr.P.C. have invoked the inherent jurisdiction of the Court with a prayer to quash the entire proceeding of Case No. 4315 of 2005 under sections 504 and 323 IPC, Police Station Chowk, District Varanasi and further prayed to stay the aforesaid proceeding against the applicants.
(3.) Brief facts which are requisite to be stated for adjudication of this application are that an application under section 156(3) Cr.P.C. was moved by the opposite party no. 2 with the allegation that he is senior citizen aged about 74 years old and residing in his house. In another portion of his house, his son Anoop Mehrotra is also living alongwith family. On 4.12.2004 at about 7.00 P.M. when the complainant was present the accused-applicant no. 1 Anoop Kumar Mehrotra and his wife Hema Mehrotra and her brother Pradeep Kumar Dhawan entered into the house and assaulted by fist and kick and also hurled abuses. On being hue and cry the witnesses Kashi Nath Tiwari and Rajesh Kumar Mehrotra came there and escaped him but report was not lodged. The complainant got medically examined and moved this application. The Magistrate allowed the application and directed to concerned Police Station to register and investigate the case. The I.O. after concluding the investigation submitted charge sheet under sections 325/504 IPC. The Judicial Magistrate vide order dated 27.4.2005 took cognizance in the matter and issued summon to the applicants.;