ANIL MELKANI & OTHERS Vs. MUNNE

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the entire proceedings of Criminal Complaint Case No. 188 of 2014, Munna v. Deepak & Others, under Sections 323, 504, 392 IPC, pending before the Judicial Magistrate, Haldwani, District Nainital.

(2.) Facts, in brief, are that the complainant/respondent no. 2 moved a complaint under Section 156(3) CrPC against the applicants before the Judicial Magistrate, Haldwani and the learned Magistrate directed that the said complaint be registered as criminal complaint case. After recording the statements of the complainant and the witnesses under Section 200 and 202 CrPC, learned Court below vide order dated 5.2.2014 summoned the accused applicants to face trial for the aforementioned offences.

(3.) Indisputably, complainant was an accused in an FIR No. 62/2011 for the offence under Section 5/11 of Uttarakhand Protection of Cow Progeny Act, wherein he was chargesheeted and thereafter Criminal Case No. 2452 of 2011 proceeded against the complainant in the Court of ACJM, Haldwani. This Court, vide its order dated 1.12.2011, while holding that the provisions of Uttarakhand Protection of Cow Progeny Act were not attracted in the case of the complainant, quashed the entire proceedings of the said criminal case.