SURENDRA SINGH,J. - (1.) THE applicants by way of filing present application under Section 482 Cr.P.C. have sought to quash the criminal proceedings of Criminal Case No.1528 of 2008 (State Vs. Hameed and another) under Sections 326, 324, 504, 506 IPC pending in the Court of Ist Additional Chief Judicial Magistrate, Pilibhit and the impugned summoning order dated 11.09.2008 including Charge sheet No.134 of 2008, arising out case crime no.194 of 2008 of P.S. New Area, District Pilibhit.
(2.) THE background facts giving rise to this application in a nutshell are as follows: The informant Meraj Ahmad lodged a complaint which was registered as NCR No.53 of 2008 at P.S. New Area, District Pilibhit under Sections 323, 504, 506, 308 IPC at about 4.30 AM against the applicants and one unknown person, pertaining to an incident alleged to have taken place on the same day at about 12.30 AM. According to the allegations contained in the NCR was that the informant was assaulted while he was sleeping at the site of the construction by the applicants and one unknown person with lathi, danda, kicks and fists. The informant Meraj Ahmad got himself medically examined on the same day at District Hospital Pilibhit and thereafter X-ray examination was held. On the basis of supplementary report Sections 325 and 324 IPC were added subsequently. Both the applicants were arrested by the police on 06.04.2008 and were released by the police itself on furnishing a personal bond and two sureties. The police after an usual investigation submitted a charge sheet against the applicants under Sections 326, 324, 323, 504, 506 IPC on 11.09.2008 and cognizance of an offence was taken, simultaneously the summons were also issued to the applicants on the same day. Hence, being aggrieved the applicants have preferred the present application before this Court.
(3.) SUBMISSIONS have been made on behalf of the applicants that the injuries alleged to have sustained by the informant are superficial and manipulated and no offence under Section 326 IPC against the applicants is disclosed. The present prosecution has been instituted with mala fide intentions for the purposes of harassment. Learned counsel for the applicants has submitted that according to the report (NCR), the informant is alleged to have been assaulted by lathi, danda, kicks and fists but the use of knife also was surfaced for the first time in the statement of the informant recorded under Section 161 Cr.P.C. after sharp edged wound got manipulated. He next argued that the applicants were arrested and soon thereafter released on bail on 06.04.2008 by the police concerned under Sections 325, 324, 323, 504, 506 IPC and thereafter on the basis of false and concocted story as well as injury report the charge sheet was submitted in addition to Section 326 IPC so that the applicants can be put behind the bars.;