BABU RAM Vs. RAJ PAL

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the compliant No. 36/12 dated 30.4.2010, pending in the Court of learned Judicial Magistrate, 1st Class, Karnal and the summoning order dated 7.12.2012, vide which the petitioner has summoned under Section 148, 149, 307, 328, 452 of the Indian Penal Code. Learned counsel for the petitioners contends that the learned summoning court has committed a grave error while summoning the petitioners without considering the cancellation report. No doubt, there is a dispute between the petitioners and the complainant being the brothers with regard to the ancestral land, but the complainant was having a grudge against the petitioners. The petitioners have been falsely implicated in the present case. He further submits that the petitioner registered an FIR against the petitioners, after thorough investigation, the petitioners were found innocent and the police filed a cancellation report in the Court.

(2.) On the other hand, the learned counsel for respondent No. 1 submits that there is specific allegation against the petitioners. The petitioners caused injuries to the wife of the complainant.

(3.) Heard.