AAYUB Vs. JASVEER LATE GOVIND RAM

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order-dated 28.4.2010 passed by the Judicial Magistrate, Roorkee District Haridwar in Case No.1138/2010.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that complainant/respondent Jasveer moved a complaint with the averments that on 9.4.2010 at about 5 PM, when he was present in his house, then the petitioners entered inside his house. Petitioners Ayub, Mahmood Hasan and Sanavvar were armed with LATHIS, petitioner Shahjad was having an iron rod in his hand, petitioner Wasim was having a knife while the petitioner Shamshad was having a country-made pistol. The petitioners soon after entering inside the house, started hurling abuses and petitioners 3 to 5 viz. Sanavvar, Sehjad and Wasim, caught the ladies viz. Km. Socha, Km. Baby and Smt. Sukki, who were present in the house. The petitioners Sanavvar caught Km. Socha, petitioner Shahjad caught Km. Babi and petitioner Wasim caught Km. Sukki and these petitioners made these ladies fallen down and outraged their modesty. When the complainant and the victims resisted to it, then the petitioners 1, 2 and 6 viz. Ayub, Mehmood Hassan and Samshad caught the complainant and beaten him with Lathis-Dandas and even petitioner no.6-Shamshad fired upon the complainant with intention to kill him, however he was narrowly escaped. Thereafter, on the noise raised by the complainant and his family members, Nadim, Vijay Kumar and Dinesh and other persons arrived there and saved them from the petitioners.