NARAIN SINGH Vs. DAVINDER SINGH

JUDGEMENT

(1.) THE petitioner alongwith three others has been summoned by the judicial Magistrate Ist Class, Zira, to stand trial under Sections 506/323/382/392 read with section 34, Indian Penal Code, vide his order dated 9.3.1987, on a compliant dated 24.2.1987 filed by the respondent. He prays for quashing of the proceedings against them. His plea is that he and his other co-accused are residents of District Hamirpur (Himachal Pradesh) and they have some civil litigation against the father of the complainant at Hamirpur and, with a view to harass them, the present complaint has been filed in the Court of the Magistrate at Zira. The plea, in a nut-shell, is that the continuation of the proceedings against them is only a misuse of the process of Court and have been brought about with ulterior motive.

(2.) I have heard the learned counsel for the parties at some length and find that the stand of the petitioner is not devoid of merit.

(3.) THE facts which prominently stand out from the above-detailed narration of events are :-