MAYA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants by filing this application have sought to quash the orders dated 7.6.2007 and 27.7.2007, passed by Additional Chief Judicial Magistrate, Aligarh in Criminal Case No. 810 of 2007, State v. Maya Devi and others, under Section 323, I.P.C., Police Station Shasni Gate, district Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh.

(2.) BRIEFLY put, the facts of the case may be summarized as follows : An F.I.R. was lodged by the respondent No. 2-Har Charan Sharma against the applicant under Sections 147, 323 and 380, I.P.C. vide Case Crime No. 40 of 2007 at Police Station Shasni Gate, district Aligarh on 7.2.2007 at 7.35 p.m. regarding the incident alleged to have taken place on 12.1.2007 at 7.00 p.m. The police after investigation of the case submitted charge-sheet against the accused applicant under Section 323, I.P.C. and on that charge-sheet Magistrate took cognizance and summoned the applicant. Aggrieved with that order, the present application has been filed.

(3.) LEARNED A.G.A. opposed the argument of the learned counsel for the applicant and stated that it has not been alleged in the order whether the charge-sheet filed was treated as a complaint case or police challany case. He has further submitted that no prejudice has been caused to the applicant by the impugned order.