DHANI @ ABDUL REHMAN Vs. ASHRAF

JUDGEMENT

(1.) THE applicants, by means of present petition moved under Section 482 Cr. P.C., seek to quash the summoning order dated 25.06.2010 passed by Judicial Magistrate, Roorkee, District Haridwar in Case Crime No. 2573 of 2010, Ashraf vs. Dhani and others, under Sections 323, 504 and 506 of IPC.

(2.) THE complainant (respondent herein) filed a criminal complaint case against four accused persons including the applicants for the offences punishable under Sections 380, 406, 323, 504 and 506 IPC in the Court of Judicial Magistrate, Roorkee. The statement of the complainant was recorded under Section 200 Cr.P.C. and the statements of Taimur along with Puranmal were recorded under Section 202 Cr.P.C. After having found a prima facie case against the accused persons, the applicants were summoned to face the trial for the offences punishable under Sections 323, 504 and 506 IPC. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) ACCORDING to the complainant, on 01.01.2009, accused Dhani and his father Shamshad came to his house and demanded a sum of Rs. One lac for the purpose of purchase of a tractor. Dhani and Shamshad told them that the money will be repaid after crusher season. Khursheeda insisted for paying money and therefore, complainant Ashraf paid a sum of Rs. one lac to them. On 25.05.2010, accused persons came to the house of the complainant. On the next day, the complainant went to Roorkee. When he returned to his house, he found that the accused persons were not present at his home. His wife, who was ill, was crying. When the complainant inquired from her, she told that accused persons lifted some articles from her house and when she refrained them from doing so, they assaulted her and also threatened her with dire consequences. They also committed theft of valuables from her house. The complaint story was supported by the complainant in his statement under Section 200 Cr.P.C. and by his witnesses under Section 202 Cr.P.C. Thus prima facie case against the accused persons was made out on the basis of the statements of the complainant, Taimur and Puranmal.