Siddharth, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application has been filed under Section 482 Cr.P.C. praying for quashing of the order dated 17.12.2018 passed by Additional Chief Judicial Magistrate, Deoband, District- Saharanpur in Criminal Case No. 4106 of 2018 (State vs. Harshit and others) under Sections- 307, 506, 326, 147, 148, 149, 452 I.P.C., P.S.- Deoband, District- Saharanpur.
(3.) The brief facts of the case are that the opposite party no. 2, Ram Kumar, lodged FIR dated 11.09.2018 and the police investigated the case and recorded the statement of opposite party no. 2, informant, under Section 161 Cr.P.C., statement of Smt. Rajkumari and injured, Anuj Kumar, also under Section 161 Cr.P.C. Site plan was prepared and injured, Anuj Kumar, was medically examined at C.H.C., Deoband on 10.09.2018 and he was referred to higher medical centre. However, he was admitted in a private hospital and a supplementary report was prepared by private hospital. The investigating officer on 24.09.2018 recorded the statement of independent witnesses, namely, Mahipal Singh, Amit, Pappu, Lokendra, Sachin, Somendra, Ram Kishan and Harpal under Section 161 Cr.P.C. who stated that the applicants have not committed any offence and only accused, Harshit, caused injury to the injured. The investigating officer submitted charge sheet only against Harshit under Sections 307, 506 I.P.C. and exonerated the applicants from charges. On the submission of the police report before the court a protest petition, annexing therewith his own affidavit as well as affidavits of witnesses, Vineet Kumar, Harendra and Hemraj, was filed by the first informant, opposite party no. 2 before the Magistrate. On the basis of the aforesaid protest petition the Magistrate has passed the summoning order dated 17.12.2018 against 12 persons, 11 out of them are before this court challenging the same.;