DIGVIJAY SINGH NEGI & OTHERS Vs. RAJIV ANAND

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicants seek to quash the summoning order dated 05.11.2012, as also the entire proceedings of criminal complaint case no. 148 of 2012, Rajiv Anand vs Digvijay Singh Negi and others, under Section 500 IPC, pending in the court of Judicial Magistrate, Lansdowne, District Pauri Garhwal.

(2.) It is the submission of learned counsel for the applicants that the respondent and applicants are related to each other and only to settle the private dispute, the applicants have been implicated as accused under Section 500 IPC to wreck personal vengeance. One such complaint was filed by the respondent earlier and similar complaint is being filed by him once again to harass the applicants, which is contrary to Article 20(2) of the Constitution of India which guarantees that no one shall be prosecuted and punished twice for the same cause. The description of the previous complaint and subsequent complaint has been given by the accused-applicants in paras 5 to 10 of present application under Section 482 Cr.P.C. The court does not feel it necessary to reproduce those grounds for the sake of brevity.

(3.) Learned counsel for the respondent submitted that he has no instructions in the matter. It will be a futile exercise to keep present application under Section 482 Cr.P.C. pending, inasmuch as action taken by the respondent smacks of the abuse of the process of the Court.