ASHRAF Vs. STATE OF UTTARANCHAL AND ANOTHER

JUDGEMENT

(1.) AT the very outset, it is pertinent to mention that none has turned up on behalf of respondent no. 2 Upendra Nath Soti, even in the revised call. He was not being represented hitherto for the last two previous dates too, so this Court rendered hearing to learned counsel for the applicant.

(2.) THIS Criminal Misc. Application has been moved under Section 482 Cr.P.C. to quash the order of cognizance dated 03.02.2005 passed by Judicial Magistrate, Haridwar in Criminal Case No. 1197 of 2004 titled as Upendra Nath Soti Vs. Ashraf.

(3.) LEARNED Magistrate recorded the statement of complainant (Upendra Nath Soti) under Section 200 Cr.P.C. and his two witnesses namely Madhukant Soti and Munshiram Vashisht under Section 202 Cr.P.C. on 07.01.2005 and then passed impugned order of cognizance.