NAZMA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present petition/application moved under Section 482 Cr.P.C., seeks to quash the summoning order dated 13.10.2009 and the entire proceedings of Criminal Case No. 814 of 2009, Prabha Devi vs. Irshad Khan and others, for the offences punishable under Sections 452, 323, 504, 506 and 392 of IPC, pending before the Court of 1st Additional Civil Judge (J.D.)/Judicial Magistrate, District Udham Singh Nagar.

(2.) The complainant/respondent no. 2 filed a criminal complaint case against 5 accused persons including the applicant in the Court of Judicial Magistrate, Udham Singh Nagar. Statement of the respondent no. 2 Prabha Devi was recorded under Section 200 Cr.P.C. and statement of Shyam Singh was recorded under Section 202 Cr.P.C. Having found a prima facie case for the offences complained of against the accused persons, they were summoned to face the trial for the offences punishable under Sections 452, 323, 504, 506 and 392 of IPC vide order dated 13.10.2009 passed by 1st Additional Civil Judge (J.D.)/ Judicial Magistrate, Udham Singh Nagar. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the applicant.

(3.) A perusal of the complaint, statements of Prabha Devi and Shyam Singh will indicate that there was sufficient ground to proceed against the accused-applicant. A prima facie case was found against the accused-applicant. It cannot be said at this stage that the accused-applicant was falsely implicated in the criminal complaint case as a counterblast to the criminal compliant case filed by this party.