ABDUL RASHEED R/O VILLAGE GOJHANI TEHSIL RAMNAGAR DISTRICT NAINITAL AND ORS. Vs. MASITULLA, S/O ABDUL GAFFUR R/O MORADABAD ROAD, NEAR GANGA DHARM KANTA KASHIPUR, DISTRICT UDHAM SINGH NAGAR

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 416 of 2011, Masitulla vs. Abdul Rasheed and others, relating to offences punishable under section 147, 148, 325, 504, 506 IPC, Police Station Kunda, pending in the court of Judicial Magistrate, Kashipur, Udham Singh Nagar.

(3.) HOWEVER , on going through the papers on record, this Court finds that the allegations in the criminal complaint are supported by medical report relating to injuries suffered by the complainant which discloses two incised wounds. As far as plea of alibi is concerned the same is factual plea which cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C.. It is for the trial court to examine such plea after recording evidence of the parties.