DHANVEER Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned Counsel for the Applicants and learned A. G. A. and perused the record.

(2.) This application under Section 482, Code of Criminal Procedure has been filed by Dhanveer and three others with a prayer for quashing the charge-sheet dated 12.1.2000 (Annexure 6) submitted in N. C. R. No. 311 of 2009 under Sections 323, 504 and 506, I. P.C. and the entire proceedings of Case No. 1113 of 2010 State v. Dhanveer and Ors. registered against the Applicants pursuant to the submission of the aforementioned charge-sheet as well as the summoning order dated 7.5.2010 (Annexure 7) passed by the Judicial Magistrate, Court No. 1, Aligarh.

(3.) Learned Counsel for the Applicants submitted that the opposite party No. 2 filed a non-cognizable report on 3.12.2009 at P. S.-Iglas, District-Aligarh against the Applicants on the basis of which N. C. R. No. 311 of 2009 under Sections 323, 504 and 506 I. P. C. was registered. The opposite party No. 2 moved an application before the Judicial Magistrate-I, under Section 155 (2), Code of Criminal Procedure with a prayer that the concerned police station be directed to investigate the matter. Pursuant to the order passed on the aforesaid application the matter was investigated and police submitted a charge-sheet under Sections 323, 504 and 506, I. P. C. in the Court of Judicial Magistrate, Court No. 1, Aligarh against the Applicants whereupon Case No. 1113 of 2010; State v. Dhanveer and Ors. was registered against the Applicants and the Judicial Magistrate-Ist, Iglas, Aligarh by the order dated 7.5.2010 summoned the Applicants for facing trial for the offences punishable under Sections 323, 504 and 506, I. P. C.