RUBEE Vs. ANIL KUMAR

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 25.10.2010, as also the proceedings of criminal complaint case no. 4576 of 2009, Anil Kumar vs Dev Raj and others, under Sections 323, 504, 506, 427, 147 of IPC, pending in the court of Judicial Magistrate I, Dehradun.

(2.) Complainant (respondent herein) filed a criminal complaint case against nine named accused persons, including the applicant, in the court of Judicial Magistrate, Dehradun, in respect of offences punishable under Sections 323, 504, 506, 427, 147 of IPC. After recording the statement of the complainant Anil Kumar under Section 200 of Cr.P.C. and that of witnesses Sonu Thapa & Hari Mohan Singh under Section 202 of Cr.P.C. and having found a prima facie case against the accused persons, namely, Devraj, Rubee, Parul, Paras, Smt. Sudesh, Sharad Jain, Rajeev Jain, Smt. Pooran and Deshraj for the selfsame offences, they were summoned to face the trial, vide impugned order dated 25.10.2010, passed by learned Judicial Magistrate I, Dehradun. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed by the applicant.

(3.) As per complaint, complainant instituted several complaints under Section 138 of the Negotiable Instruments Act against Rubee (applicant herein), who was the daughter of Devraj (accused no. 1). Accused persons pressurized the complainant (respondent herein) to withdraw the complaints instituted against Rubee. Rubee and her family members threatened the complainant several times in this connection. On 26.06.2009, when the complainant reached near water tank in Nehru Colony on his motorcycle, accused persons came in a Gypsy, at around 11:00 A.M. They came out of Gypsy and hurled abuses at the complainant. They assaulted the complainant with kicks and fists. Complainant was also slapped by the accused persons. His motorcycle was also damaged. Accused persons also looted Rs. 3,500/- from the complainant. Passers by saved the complainant from the clutches of the accused persons. Accused persons threatened the complainant that if the complaints under Section 138 of the Negotiable Instruments Act were not withdrawn, then he would be killed. Hari and Sonu witnessed the incident. When the complainant went to police station concerned to lodge the report, he was told to get himself medically examined first. Complainant thereafter got himself medically examined at Doon Hospital, Dehradun. He also gave an application to the City Magistrate, Dehradun on 26.06.2009, but since no action was taken by the police against the accused persons, therefore, he was compelled to file criminal complaint case against them.