MUHAMMAD Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) This application under section 482 Cr.P.C. has been moved for quashing the proceeding of Complaint Case No. 596 of 2015, Akbar Ali Vs. Adil and others, police station Mubarakpur, District Azamgarh and the summoning order dated 27.6.2016 of cognizance passed in it by Judicial Magistrate, Court No. 21, Azamgarh for offences under sections 323 and 504 IPC against four accused including present applicant.

(2.) The complaint case no. 3029 of 2014 (New No. 596 of 2015) was filed by present opposite party no. 2 Akbar Ali against four persons. In alleged act proposed accused committed offence on 31.7.2014 at about 8:00 a.m. when accused persons have allegedly trespassed the house of complainant, hurled abuses, threatened and caused injuries by fist, kicks, clubs and sticks.

(3.) Complainant had examined himself under section 200 Cr.P.C. and two witnesses under section 202 Cr.P.C, on the basis of which the trial court had passed summoning order dated 27.6.2016 by which all the four accused named on complaint were summoned for offence under section323, 504 IPC. The proceedings of said complaint case alongwith said order of cognizance is under challenge in present proceeding.