VISHNU PUROHIT Vs. STATE OF UTTARANCHAL

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 31.05.2004 passed by Second Special Judicial Magistrate, Haridwar as well as the proceedings in Complaint No.188/2004, Smt. Preeti Vs. Vishnu Purohit & others U/s 323/452/504/506 IPC, may be quashed.

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

(3.) In brief, the facts of the case are that Smt. Preeti-respondent no.2 lodged a complaint stating therein that on 16.4.2004 at about 5 PM, when she was sitting in the house of her relative, she heard sound of knocking the door, on which she came to open the door. As soon as she opened the door, the petitioners came inside her house and enquired about her husband. When the respondent no.2 asked the petitioners that her husband was not there and not to discuss anything inside the house but to talk on the road, on this the petitioner no.1 Vishnu hurled filthy abuses to her and instigated the other petitioners to beat her while the petitioner no.2-Balram pushed her aside due to which she fell down on the bed whereas the petitioner no.3-Prakash committed Marpit with her with fists and kicks and hurled abuses and also threatened her by coming out of the house that if any action would be taken against them, she would be killed. It was further stated that the petitioners want to kill her husband. This incident was witnesses by Gopal, Ramesh, Babita and so many other persons collected over there. The complainant got the medical examination of her injuries and went to lodge the report but the report was not lodged and on 21.4.2004 she also sent a letter to SP Haridwar, however no action was taken, hence she filed the instant complaint. In the court below, the complainant was examined u/s 200 Cr.P.C. while PW1 Babita and PW2 Gopal were examined u/s 202 Cr.P.C. Besides the oral evidence, in the documentary evidence, copy of application dated 19.4.2004, medical certificate dated 17.4.2004, memo of medicines dated 21.4.2004, postal receipt and list of witnesses were produced. On perusing the entire facts and circumstances of the case, learned Second Special Judicial Magistrate, Haridwar vide order dated 31.5.2004 took cognizance and summoned the petitioners u/s 323/ 452/504/506 IPC. Assailing that order dated, the petitioners have filed the instant petition.