LAXMI NARAYAN AND OTHERS Vs. CHIRANJI LAL

JUDGEMENT

(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicants seek to quash the proceedings of complaint case no. 1279 of 2008, Chiranji Lal vs Laxmi Narayan and others (Annexure 1 to the petition) as well as summoning order dated 02.07.2008 (Annexure 4 to the petition), pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) A complaint was lodged by the respondent against present applicants in respect of offences punishable under Sections 147, 323, 452, 504 and 506 of IPC. The statement of the complainant Chiranji Lal was recorded under Section 200 of Cr.P.C. The statements of the other witnesses Rakhi and Rohit Kumar were recorded under Section 202 of Cr.P.C. Having found a prima facie case against the accused persons, learned Addl. Chief Judicial Magistrate, Kashipur, vide order dated 02.07.2008, summoned them to face the trial. It was indicated in the brief description of the order that a prima facie case against accused persons in respect of offences punishable under Sections 147, 323, 452, 506 IPC was made out. No such thing was mentioned in the operative portion of the impugned order, as to under which penal sections the accused persons were being summoned.

(3.) Notice was issued to respondent Chiranji Lal. Although he was served personally on 12.08.2008, yet none appeared on his behalf on the last date of listing as well as today.