FIRASAT KHAN S/O LATE SRI RIYASAT KHA AND SMT. SITARA W/O FIRASAT KHA Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME AND SMT. FAIMA, W/O AARIF KHA

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 803 of 2010, Smt. Faima v. Firasat Khan and Ors. relating to offences punishable under Section 323, 504, 506 and 452 I.P.C., Police Station Kotwali Haldwani, District Nainital, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani.

(3.) PERUSAL of the statement of PW1 recorded under Section 200 and that of the witness recorded under Section 202 of Code of Criminal Procedure, which are annexed as Annexure -2 to the petition read with the impugned order dated 11.01.2011, show that apart from the oral statements of complainant and witnesses, there was copy of the report sent to the police, and medical report on the record, on the basis of which the Petitioners were summoned by the trial court to face the trial in respect of offences punishable under Section 323, 504, 506 and 452 I.P.C. The Magistrate has clearly observed that since there was No. sufficient material to make out the case relating to offence punishable under Section 426 I.P.C., as such the Petitioners were not summoned in respect of said offence.