KARTAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants-accused persons have invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to quash the impugned summoning order dtd. 30/6/2011 along with entire proceeding of the Criminal Case no. 1277 of 2011, "Bhagwan Singh V/s Kartar Singh and Others" pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar.

(2.) Heard Mr. Hari Om Bhakuni, the learned counsel for the applicants, Mr. S.S.Adhikari, the learned Deputy Advocate General for the State and Mr. Dinesh Chandra Gahatori and Mr. Vikas Kumar Guglani, learned counsel for the respondent no. 2/complainant.

(3.) The learned counsel for the applicants and the respondent no. 2 submitted that the First Information Report of the present matter was lodged after the order, passed by the learned Magistrate on the application, filed under Sec. 156(3) of the Code of Criminal Procedure. After investigation, a closure report was filed. A protest petition was submitted. After hearing both the parties, the learned Magistrate had passed an order to register the protest petition as a complaint case. After that, the complainant and witnesses were examined under Sec. 200 and 202 of the Code of Criminal Procedure. On 30/6/2011, the learned Additional Chief Judicial Magistrate, Khatima took the cognizance against the applicants-accused persons and passed the impugned summoning order against the applicants-accused persons for the offence under Sec. 436 and 506 of IPC.