BAL DEV THAKURAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed for quashing the orders dated 16.7.2002 passed by Addl. C.J.M., Haldwani (Nainital) in complaint case and judgment dated 2.5.2005 passed by the Learned District Judge, Nainital in criminal revision No. 40/2003.

(2.) It is alleged in the present petition that an application under Section 156(3) Cr.P.C. was filed by the re-spondent No. 2 Mohammad Israil on 31.5.2002 against the present applicants with the allegations that the applicants and another person forcibly entered in the P.C.O. of respondent No. 2 and made quarrel and hurl abuses badly with the respondent No. 2 and threatened him. The learned Magistrate registered the same as complaint case vide order dated 31.5.2002. After recording the statements under Sections 200 and 202 Cr.RC., the learned Magistrate took cognizance against the present applicants vide its order dated 16.7.2002. Feeling aggrieved to this, the applicants preferred a revision before the learned District Judge. Vide order dated 2.5.2005 the learned District Judge had dismissed the revision and the case was remitted back to the Magistrate for further proceedings against the accused-applicants.

(3.) Feeling aggrieved by the orders of the Magistrate and the District Judge, the applicants have come up before this Court.