GAURAV PARASHAR Vs. JAGDISH CHANDRA JOSHI

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Sec. 482 CrPC, is preferred to quash the summoning order dtd. 12/3/2014 and the entire proceedings of the Criminal Complaint Case No. 178/2014, Jagdish Chandra Joshi v. Govind Ram, under Ss. 420, 506 IPC, pending before the Court of Judicial Magistrate, Haldwani, District Nainital.

(2.) It is the admitted case of the parties that the complainant/respondent purchased a piece of plot from the applicants. Indisputably, there is a dispute of pathway near that plot between the parties. Complainant/respondent moved a complaint under Sec. 133 CrPC before the Sub Divisional Magistrate to remove the obstacles raised by the applicants in which summons have been issued to the applicants, who submitted their objections. For the same dispute, the complainant/respondent filed another complaint under Sec. 156(3) CrPC in which, after recording the statements under Ss. 200 and 202 CrPC, the impugned summoning order has been issued by the learned Magistrate asking the applicants to face trial for the offences under Ss. 420 and 506 IPC.

(3.) Learned Counsel for the applicants contended that the impugned complaint has been filed in order to exert pressure on the applicants. He further contended that the dispute is purely civil in nature and the present criminal proceedings are abuse of the process of Court.