SARDAR AWARTAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. has been moved to quash the criminal complaint no. 285 of 2005 filed by respondent no.2 Narmada Prasad Sonkar alias Ramu under Sections 420, 406, 427, 323, 504, 506 I.P.C and Section 3 (1) (X) S.C.S.T Act pending in the Court of Additional Chief Judicial Magistrate, Rae Bareilly, annexure no. 2 to the petition and also to quash the order dated 30.7.2005 passed by A.C.J. M. for summoning of the accused/petitioners under Sections 323, 504, 506, 427 and 406 I.P.C. and Section 3 (1) (X) S.C and S.T. Act for trial in the aforesaid complaint annexure No.1 to the petition.

(2.) Heard Sri Amarjit Rakhra Advocate, representing the petitioners and Kunwar Mridul Rakesh from the side of respondent no.2.

(3.) It appears that opposite party no.2 has filed a complaint against the petitioners for the offences punishable under Sections 420, 406, 427, 323, 504 and 506 I.P.C and 3 (1) (X) S.C.S.T Act. It is alleged in the complaint that opposite party no. 2 had purchased a pair of shoes from M/s. Deep Shoes, Station Road, Rae Bareilly on 13.4.2005 for Rs.580/- only. The shoe did not last long and its sole came off within one month. The complainant visited the said shop and made a complaint about the quality of the shoes. He was told by Sardar Avtar Singh Chabara, petitioner no.1 that the shoes would be replaced by the Company within 20 days. After 20 days the complainant again went to the shop. Then he was told by all the petitioners that the shoes had not been received back from the Company and he was asked to come after two weeks. On 24.6.2005 the complainant along with his brother Sarjoo Prasad Sonkar and one Vijay Singh came at the shop at about 11.30 a.m. He was again asked to come later no. The complainant said to the petitioners for refund of his money which caused annoyance to the petitioners and they all began to hurl abuses on the complainant and they also assaulted the complainant an'd his brother by hits and slaps and they refused to return the shoes or the money. The accused- petitioner no. 2 had put his revolver on the chest of the brother of the complainant and threatened him. Petitioner no. 1 assaulted on the testicles of the complainant. The incident was witnessed by the brother of the complainant as well as Vijay Singh who has accompanied him upto the shop and also witness Krishna Pal, Anoop Rawat etc. The wrist watch of the complainant had also broken during the incident and he had suffered a loss of Rs. 300/-. The complainant sent complaint petition of the incident at Police Station and S.S.P Rae Bareilly but when no action was taken by the Police, then a complaint was filed on 29.6.2005. The complainant got himself medically examined in the district Hospital, Rae Bareilly on the same day.