BABU RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri Sudhir Kumar learned counsel for p the applicants and Sri G.S..Sandhu learned A.G.A

(2.) THE petition under section 482 Cr.P.C. has been filed for quashing the criminal complaint and proceedings of criminal case No. 4664/2003 pending in the court of 1st Addl. Judicial Magistrate, U.S. Nagar.

(3.) THE factual position in a nutshell is that an application under section 156(3) was moved before the Chief Judicial Magistrate, U.S. Nagar by the applicant No.1 against the respondent No.2, his wife & sons. Thereafter, the police investigated the matter and submitted the chargesheet against them under section 323, 504 I.P.C. On 25.11.2002, the respondent No.2 also filed an application under section 156(3) Cr.P.C. before the C.J.M., U.S. Nagar and the same was rejected by the C.J.M. Udham Singh Nagar. Thereafter, the respondent No. 2 filed a complaint against the applicants in the court of Chief Judicial Magistrate, U.S. Nagar under sections 323, 452 & 506 I.P.C. and the same was registered as criminal case No. 4664/2003. Statement under section 200 & 202 Cr.P.C. was recorded. Thereafter, the learned Magistrate summoned the applicants. Feeling aggrieved, the applicants have come up before this Court.