LALIT KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) -This is an application under Section 482, Cr. P.C., for quashing the impugned complaint dated 24.8.2006 (Annexure-1) filed by the complainant opposite party No. 2 against the accused applicants and the summoning order dated 11.1.2008 passed by the learned Addl. Chief Judicial Magistrate, Khurja District Bulandshahr on the above complaint which is pending in his Court as Criminal Case No. 1599 of 2006, Rahul Sharma v. Lalit Tiwari and others, under sections 323, 504, 506 and 392 I.P.C.

(2.) THE facts relevant for disposal of this application under Section 482, Cr. P.C., are that on 30.6.2006 at about 4.15 p.m. the accused applicant No. 1 Lalit Kumar Tiwari, who is Senior Manager in Punjab National Bank Khurja Branch, Bulandshahr, lodged a report against the opposite party No. 2 Rahul Deo Sharma, his brother Kapil Deo Sharma and five unknown persons, on the basis of which case Crime No. 272 of 2006 was registered against them under Sections 147, 323, 504, 506, 393 and 342 I.P.C., P.S. Khurja Nagar, District Bulandshahr. THE police after investigation has submitted charge-sheet against Kapil Deo Sharma and Rahul Deo Sharma in that case on 13.7.2006 under Sections 323, 504, 506, 392 I.P.C.

(3.) I have heard the learned counsel for the applicants and the learned A.G.A., for the State as well as Mr. P. K. Srivastava, learned counsel for complainant opposite party No. 2.