MADHU BALA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing the impugned order dated 15.12.2004 framing the charge against the petitioners. It has been further prayed that the proceedings before the trial Court in case FIR No. 145 dated 02.08.2004, Police Station City Dabwali, under Sections 323, 324, 506, 35 of Indian Penal Code pending in the Court of Judicial Magistrate 1st Class, Dabwali, District Sirsa be stayed during the pendency of the petitioner and during the pendency of CRM-M-46768 of 2006. The brief facts giving rise to this proceedings are that Prem Kumar complainant got registered above mentioned case on the allegations that on 31.07.2004 he was sitting in front of his shop on the metalled road. His father-in-law was also sitting in the shop. The petitioners came there. They started abusing him. He told them that they had already taken the share in the house and now they were not entitled for any more share. At this, petitioner No. 2 Kala @ Monu who was having the sharp edged weapon gave a blow on the backside of the head of the complainant. The remaining petitioners caught hold of him. He raised the noise, which attracted his brother Raj Kumar, who came at the spot and rescued him. While leaving the spot, they threatened that today he has been saved, if he lodged any complaint against them to the police, they will kill him. On these allegations, the present case has been got registered.

(2.) After completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court. Learned Sub-divisional Judicial Magistrate, Dabwali framed the charges against the petitioners under Sections 324, 324, 34 and 506 of IPC against the petitioners.

(3.) Aggrieved with the framing of the charges against the petitioners, they have preferred the present petition.