CHANDRA DHARI SINGH, J. - (1.) Heard Mr. Manoj Kumar Mishra learned counsel for the applicants, learned A.G.A. for the State as well as Mr. K.N. Mishra learned counsel for the opposite party no.2 and perused the records.
(2.) The present application has been filed for quashing the proceeding of Complaint Case No.7/8/07 (Jay Ram vs. Krishna Kumar and others), under Sections 323 , 504 , 506 I.P.C., P.S. Kotwali Dehat, District Gonda pending in the court of learned VIth Additional Civil Judge, Gonda and cognizance order dated 10.04.2009 passed learned Additional Civil Judge-IX (J.D.) Gonda.
(3.) It transpires that in respect of the incident in question an F.I.R. was lodged on 01.04.2007 making out an offence under Sections 323 , 504 , 506 of Indian Penal Code (IPC). The police on investigation into the offence, filed the final form before the Court of IX Additional Civil Judge (JD)/Judicial Magistrate, Gonda. Prior to accept the final form, he issued notice to the opposite party no.2. On 05.06.2008, a protest petition is alleged to have been filed and on that petition the Magistrate directed that same be treated as a complaint. The Magistrate then held an inquiry under Section 202 of the Code of Criminal Procedure (Cr.P.C.) and ultimately, on the basis of the materials produced in the inquiry, taking the same with the allegations made in the protest petition which has already been treated as a complaint, took cognizance under Sections 323 , 504 and 506 I.P.C.;