NITIN JAIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicants, by means of the present application under Section 482 Cr.P.C., have prayed for quashing of the entire proceedings of Complaint Case No.5870 of 2010, Ram Singh Vs. Nitin Jain and others, under Section 420, 406, 323, 504, 506 IPC, Police Station Sahibabad, District Ghaziabad pending before the Additional Chief Judicial Magistrate Court No.6, Ghaziabad, as well as the summoning order dated 05.02.2011. The applicants have also challenged the order dated 25.06.2010 whereby the learned Magistrate has treated the application moved under Section 156(3) Cr.P.C. as complaint.

(3.) Brief facts as emanate from perusal of the records reflect that opposite party no.2 Ram Singh moved an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Ghaziabad, who in trun made over the case for proper disposal to the court of the Additional Chief Judicial Magistrate, Court No.6, Ghaziabad. The learned Magistrate after hearing the complainant-opposite party no.2 on merits of the application, directed vide his order dated 25.06.2010 that the application so moved is to be treated as a complaint. Thereafter the learned Magistrate proceeded to record statement of the complainant and his witnesses under Section 200 and 202 Cr.P.C. respectively. After hearing the complainant-opposite party no.2 on merits, learned Magistrate vide his order dated 05.02.2011 summoned the present applicants under Sections 420, 406, 323, 504, 506 I.P.C., Police Station Sahibabad, District Ghaziabad.