KHAIM SINGH ADHIKARI Vs. NANHE KHAN AND ANOTHER

JUDGEMENT

(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant seeks to quash the summoning order dated 29.11.2010, passed by Judicial Magistrate, Kashipur, District Udham Singh Nagar, in criminal case no. 3322 of 2010, Nanhe Khan vs Khaim Singh Adhikari, under Sections 452, 323, 504, 506 of IPC, as also the revisional order dated 03.08.2011, passed by Sessions Judge, Udham Singh Nagar, in criminal revision no. 97 of 2011, Khaim Singh Adhikari vs Nanhe Khan and another.

(2.) Complainant-Respondent no. 1 filed a criminal complaint case against the accused-applicant in the court of Judicial Magistrate, Kashipur. After recording statement of the complainant Nanhe Khan under Section 200 Cr.P.C. and statements of Noor Mohd. and Tohid Ali under Section 202 of Cr.P.C., accused-applicant Khaim Singh Adhikari was summoned to face the trial for the offences punishable under Sections 452, 323, 504, 506 of IPC, by learned Judicial Magistrate, Kashipur, vide impugned order dated 29.11.2010, after having found a prima facie case against the applicant on the basis of such statements. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved by the accused-applicant.

(3.) As per complaint filed by respondent no. 1, his son was murdered by some people of Rajpur, ten years ago, in respect of which he lodged a report at police station Jaspur on 05.06.2007. The names of Nazim and Aftab, as accused, came to the fore. Nazim and Aftab presented certain papers before the Juvenile Justice Board, Udham Singh Nagar. They were granted bail. Nanhe Khan (respondent no. 1 herein) preferred an appeal, which was allowed. The Juvenile Justice Board, after hearing both the sides, declared Nazim and Aftab to be adult. The accused persons preferred appeal in the court of Sessions Judge, Udham Singh Nagar against the said order. Learned Addl. Sessions Judge dismissed the appeal. Respondent no. 1 moved an application for cancellation of bail of the accused persons. The bail of both the accused was cancelled. Non-bailable warrants were issued against Nazim and Aftab. Respondent no. 1 went to the police station, Nadehi for doing the pairvi for execution of warrants against Nazim and Aftab.