RAMESH KUMAR MANGAL Vs. STATE OF U P

JUDGEMENT

(1.) THE precise prayer made in this petition is for quashing the proceeding of complaint Case No. 241/9/2008, Rajendra Prasad Chaubey v. Ramesh Kumar and others, under Sections 452 and 506, I.P.C. which it is stated are lingering in the court of Judicial Magistrate, Moradabad.

(2.) BRIEFLY stated the facts are that in the complaint filed by complainant Rajendra Prasad Chaubey, it is alleged that on 17.12.2007 at about 5 p.m. the accused persons forced their entry into the house of complainant, hurled abuses at his wife, daughter and daughter-in-law; that when his wife protested over the abusive language, the accused persons damaged the door and threatened to kill them. According to the complainant, he tried to lodge the report but police of P. S. concerned did not act upon his report. I further alleged that on 19.12.2007, the accused persons again entered at the house of complainant at about 10 a.m. and hurled abuses at his mother and sister and attempted to commit assault. Upon the complaint being filed, the statement of complainant was recorded under Section 200, Cr. P.C. and thereafter, the statements of witnesses namely Smt. Nirmala and Kumari Priyanka were recorded. It is in this backdrop that the court below passed the impugned order dated 20.5.2009 summoning the petitioners for offences under Sections 452 and 506, I.P.C.

(3.) THE crux of what has been argued before the Court is that the Magistrate did not go into probability of conviction qua the evidence on record and further the Magistrate did not take into consideration that the complaint was false and concocted and was the result of earlier complaint made against him by the petitioners.