LOODEEN CHAND ALIAS LOODEED CHAND OTHERS Vs. HARIPAD

JUDGEMENT

(1.) The applicants, by means of this application under Section 482 Cr.P.C., seek to quash the criminal complaint case no. 142 of 2008 captioned as Haripad vs. Loodeen Chand alias Loodeed Chand and others, under Sections 147, 149, 323, 504, 506, 452, 427 IPC, PS Rudrapur, District Udham Singh Nagar, pending in the Court of Chief Judicial Magistrate, District Udham Singh Nagar.

(2.) A private criminal complaint was filed by the respondent Haripad against 9 accused persons including the applicants in respect of offences punishable under Sections 147, 148, 149, 323, 324, 504, 506, 452, 427 IPC. After the statements of the complainant /respondent Haripad under Section 200 Cr.P.C. and the statements of CW 1 Nakul Chand Rai and C.W 2 Purushottam, under Section 202 Cr.P.C., the learned Magistrate, having found a prima facie offence against the accused persons, summoned them to face the trial for the offences complained of against them. Aggrieved against the said order, present application under Section 482 Cr.P.C. was moved.

(3.) It was alleged by the complainant /respondent that on 18.08.2008, at 1:30 a.m., accused persons entered into his house and started assaulting the complainant with kicks, firsts and sticks. Purushottam, Nakul, Krishnpad Mistry and many other people came there and interevened. The accused persons caused damage to the property of the complainant and threatened him dire consequences. The copy of the complaint addressed to SSP, U.S.Nagar was also filed by the complainant. Nine accused persons were summoned by the trial court. Only 8 accused persons are applicants in the instant petition under Section 482 Cr.P.C. Although the accused Bipin was also summoned, but he did not prefer to assail the impugned order dated 15.10.2008.