MOHAN CHANDRA TIWARI Vs. KASHI RAM PUJARI

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 22.09.2009 as well as the entire proceedings of Criminal Case No. 346 of 2009, captioned as Kashi Ram Pujari vs. Mohan Chandra Tiwari and others, under Sections 506 IPC pending before the Judicial Magistrate, Ranikhet, District Almora.

(2.) A first information report was lodged by the informant (respondent no. 1 herein) against the applicant no. 1 and his son Ashish Tiwari for the offences punishable under Sections 498 -A IPC and 406 IPC read with Section 34 IPC. After the investigation, a charge -sheet for the offences punishable under Sections 498 -A, 304 -B, 316 and 406 read with Section 34 IPC was submitted against the accused persons. Cognizance was taken on the said charge -sheet and accused persons were summoned to face the trial. The accused persons underwent the trial. They were finally acquitted by the learned trial court. An appeal was preferred against their acquittal in the Hon'ble High Court of Delhi, who also dismissed the appeal and affirmed the order of acquittal in favour of applicant no. 1 and his family members.

(3.) ON 19.08.2009, a criminal complaint was filed by respondent no. 1 against the present applicants in respect of an incident, which allegedly took place on 28.06.2009, in the Court of Judicial Magistrate, Ranikhet. After recording the statement of the complainant under Section 200 Cr.P.C. and statement of his witness Manoj Joshi under Section 202 Cr.P.C., the applicants were summoned to face the trial for the offence punishable under Section 506 IPC, vide order dated 22.09.2009 passed by learned Judicial Magistrate, Ranikhet. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.