BASANT LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Madhukar Maurya, Advocate, holding brief of Sri Dinesh Kumar Yadav, Advocate for the applicants and Sri Pankaj Srivastava and Shri Rakesh Chandra Srivastava, learned Additional Government Advocates appearing for the State and perused the record.

(2.) By means of the instant application under Sec. 482 of Code of Criminal Procedure the applicants have prayed for quashing of the complaint lodged as Complaint Case No. 1015 of 2006 titled Raju Vs. Basant Lal and others, pending in the Court of learned Additional Chief Judicial Magistrate, Ist, Aligarh, under Ss. 323, 452, 427, 504 and 506 of the Indian Penal Code and all consequential proceedings thereon.

(3.) On 5/7/2006, one Raju son of Shri Ramdeen, resident of Mohalla Bhagwan Nagar, Police Station Sasni Gate, District Aligarh lodged a complaint alleging that he is a trader of readymade garments and so are the applicants. The complainant and the applicants are known to each other and they have been trading the goods from each other. On 2/7/2006 all the three applicants went to the complainant's house and demanded goods worth Rs.20,000.00. The complainant declined their request and demanded payment of Rs.10,000.00 already due from the applicants, upon which the applicants got angry, abused and assaulted him, torn his clothes, broken household goods and caused financial loss of about Rs.5,000.00 to Rs.6000.00. Statements of witnesses were recorded under Sec. 202 of Code of Criminal Procedure and thereafter the summoning order was passed on 16-09- 2006.