MEDADU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 20.08.2009 passed by the Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.1285 of 2008 titled as Sharafat Ali vs. Medadu and others under Section 328 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) SHARAFAT Ali (respondent no.2 herein) lodged an FIR against 3 named accused persons, including the applicants on 25.01.2006 at Police Station Manglore for the offences punishable under Sections 328 and 302 IPC. After the investigation, a final report was submitted by the Investigating Officer on 08.02.2006. Aggrieved against the same, a protest petition was filed by informant (respondent no.2). The statement of complainant Sharafat Ali under Section 200 Cr.P.C. and statements of Julfam, Nisar Ahmad and Pappu under Section 202 Cr.P.C. were recorded. After having found a prima facie case against the accused persons, learned Judicial Magistrate summoned them to face the trial for the offence punishable under Section 328 IPC, vide order dated 20.08.2009. Aggrieved against the summoning order, present application under Section 482 Cr.P.C. was preferred by the accused -applicants.

(3.) THE allegation against the applicants, in a nutshell, is that on 14.01.2006 accused persons gave Gulzar poison, as a consequence of which, he died. Victim made a telephonic call to his brother that accused persons forcibly made him to consume poison. Viscera report gave positive report for Aluminum Phosphate.