MAHBOOB Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Ravindra Sonker, learned counsel for the applicants and learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the impugned summoning order dated 27.09.2018, passed by Judicial Magistrate, Sahaswan, District Budaun as well as the entire proceeding of Complaint Case No. 75 of 2018 (Acchan Miyan vs. Mahboob and others), under Sections 323, 504, 506, 452 I.P.C., Police Station Sahaswan, District Budaun, pending in the court of Judicial Magistrate, Sahaswan, District Budaun.

(3.) Facts in brief of the case is that opposite party no. 2 filed an application under Section 156(3) Cr.P.C. on 09.04.2018 before the Judicial Magistrate, Sahaswan, District Budaun with a prayer to issue direction to the incharge Inspector of Police Station Sahaswan, District Budaun to lodge the first information report against the present applicants raising allegations that the complaint is the resident of same locality where the applicants reside. In the complaint it is said that there was a dispute relating to money transaction between the complainant and the applicant no. 4 and others but later it was settled on the intervention of the neighbours. On 02.04.2018 at about 06:00 P.M. when the complainant was lying on a cot in his house and his wife was cooking food, the accused persons entered into his house along with weapons and started abusing the complainant. On making objection, the accused persons assaulted him and his wife namely Smt. Chanda Bee due to which they have received injuries. It is further alleged that on raising alarm by the wife of the complainant, several other persons of locality namely Sakhi Ahmad, Shabab and others rushed to the place of occurrence and saved the complainant and his wife, Smt. Chanda Bee. It is submitted that on the next day, the complainant got himself medically examined and medical report along with application was sent to the police but no action was taken. Injury report of the complainant, Acchhan Miyan is on record which is appended as Annexure No. 2 to the affidavit filed in support of this application and on perusal of the same it is clear that the complainant Acchhan Miyan was examined by Medical Officer of the Government Hospital on 03.04.2018 at 09:30 P.M. and he received four injuries on his person. The said application dated 09.04.2018 of the complainant was treated as complaint which was registered as Complaint Case No. 75 of 2018 in the court of Judicial Magistrate, Sahaswan, District Budaun by order dated 03.07.2018.