NOOR HASAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicants have put to challenge the charge-sheet dtd. 6/12/2018; summoning order dtd. 19/9/2019 as well as the entire proceedings of Criminal Case No.1884 of 2020, State vs. Noor Hasan and others, under Ss. 323, 452, 504 and 506 IPC, pending in the court of learned Judicial Magistrate, Roorkee, District Haridwar.

(2.) Facts in brief are that respondent no.2 lodged the first information report on 16/11/2018 with the allegations that on 15/11/2018, informant was laying slab over drain in front of his gate and in the said drain, the water of the house of applicant also flows, the applicant no.1-Noor Hasan opposed putting slab over the said drain, when informant denied the accused persons/applicants, they started abusing and assaulting the informant and they themselves started breaking the gate of their house and when informant's son, namely, Imran made video of the said incident, the accused persons entered into the house of informant and assaulted his son Imran and when Samshida came to rescue, the accused persons also assaulted her and when the neigbours gathered at the spot, the accused persons ran away from the spot by threatening them with dire consequences.

(3.) After investigation, the charge-sheet was submitted by the police against the applicants on 6/12/2018. Thereupon, learned Magistrate issued summons to the applicants on 19/9/2019 Criminal Case No.1884 of 2020, State vs. Noor Hasan and others.