ARUN JHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing complaint dated 30.10.2000, Annexure P-3, filed by respondent No. 2 under Sections 323/324/387/452/506 IPC as well as the order dated 6.3.2003, Annexure P-4, passed by the Court of Judicial Magistrate Ist Class, Jagadhri, vide which the petitioners have been summoned to face trial under Sections 324, 387, 452, 506 read with Section 34 IPC.

(2.) THE petitioners are the permanent residents of Bihar. It has been alleged in this petition that they have no concern at all with District Yamuna Nagar and they have never visited Jagadhri in their life, but on the false complaint, filed by respondent No. 2, who is also resident of District Madhubani in the State of Bihar and is a proclaimed offender, the petitioners have been summoned by the Court of Judicial Magistrate Ist Class, Jagadhri, to face trial under Sections 324, 387, 452, 506 read with Section 34 IPC.

(3.) IN support of the complaint, respondent No. 2-complaint himself appeared as CW-1 and examined Rohtas as CW-2 and Ramprit as CW-3. Copy of the MLR was also placed on record as Ex. C-1. On the basis of this preliminary evidence, Judicial Magistrate Ist Class, Jagadhri, summoned the petitioners to face trial under Sections 324, 387, 452, 506 read with Section 34 IPC. It has been observed that from the complaint as well as preliminary evidence, it appears that on 29.9.2000, the petitioners armed with a revolver and knife had entered the house of respondent No. 2 and took away the sale-deed and pronote.