RAVINDRA NATH RAI Vs. RAKESH KUMAR

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the summoning order dated 17.1.2014 and the entire proceedings of the Criminal Case No. 1185/2013, Rakesh Kumar Sagar v. Ravindra and Another, pending before the Court of Judicial Magistrate, Rurdrapur, Udham Singh Nagar.

(2.) Facts, in brief, are that the on 13.8.2009, the complainant/respondent filed an application under Section 156(3) CrPC before the Chief Judicial Magistrate, Rudrapur alleging that at about 10 PM on 7.7.2009, the applicants forcibly entered into complainant's house and abused and assaulted him and he suffered injuries in the said incident. On this application, learned Chief Judicial Magistrate directed to lodge the FIR and investigate the matter. Accordingly, FIR was lodged for the offences under Sections 452, 323, 324, 504, 506 IPC and 3(1)(x) of the SC/ST Act and after investigation, the police submitted the final report on 22.2.2010. On 31.1.2013, almost after three years of filing the final report, the complainant filed the protest petition whereupon the learned Magistrate took cognizance and treated the matter as the complaint case and after recording the statements under Sections 200 and 202 CrPC, summoned the applicants to face trial for the offences under Sections 324, 452, 504, 506 IPC and 3(1)(x) of the SC/ST Act.

(3.) Learned Counsel for the applicants contended that the complainant has falsely implicated the applicants with ulterior motive and the Investigation Officer in the final report has come to the same conclusion. The Investigation Officer, in the final report dated 22.2.2010, has stated that the complainant lodged the false complaint in collusion with some colonizers in order pressurize the accused applicants.