ISLAM MIYAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioner/applicant has sought quashing of the Criminal Complaint Case No.98 of 2005, Sunita Joshi v. Islam Miyan and others, relating to offences punishable under Sections 452/406/420/323/504/506 of IPC.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit.

(3.) Brief facts of the case are that respondent no.2 Smt. Sunita Joshi filed a complaint before Chief Judicial Magistrate, Udham Singh Nagar against the applicant and another stating therein that her husband had purchased a house from the applicant and had paid the entire sale consideration to the applicant but later on the applicant started asking to return the house to him. It is further stated that on 2.7.2003 at about 8 AM, the present applicant along with one Amanat Hussain, who was Sub Inspector in LIU Rudrapur, on the pretext of interrogation, took her husband in their office and detained her husband for two days and thereafter on 4.7.2003 at about 2 PM the applicant and co-accused Amanat Hussain again came to her house and took search of the house and took into their possession articles worth Rs.50-60,000/- and told that these are related to the case and thereafter they sent her husband in the jail by implicating him in a false case. It is further alleged that on 15.1.2004 at about 8 PM, the applicant Islam Miyan and Amanat Hussain came to her house and enquired about her husband. She asked them to return their articles, on which, the applicant and the co- accused became annoyed and started hurling abuses to her and also told that being a Muslim, her husband is pretending to be a Hindu and threatened to kill her husband. When she resisted, they pushed her back due to which she fell down. On her alarm, Smt. Asha, Smt. Kamini Devi and Lalla Master reached on the spot. When the complainant tried to catch the applicant and co-accused, the accused persons slapped her and threatened to kill her husband in case she takes any action against the said incident. With these averments, this complaint was lodged by respondent no.2 Smt. Sunita in the court, which was registered as Criminal Complaint Case No.98 of 2005. The complainant, in support of her complaint, got herself examined u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Smt. Asha Joshi and Smt. Kumudani @ Kamini were got examined. After hearing learned counsel for the complainant and perusing the material available, learned Judicial Magistrate, Rudrapur, vide order dated 26.4.2005 summoned the applicant Islam Miyan and another and criminal proceedings were subsequently initiated against them. Against the said criminal proceedings, the applicant has preferred the present application u/s 482 Cr.P.C. before this Court.