JAGDEEP SINGH AND OTHERS Vs. LOKINDER SINGH, S/O LATE SH. JAISHI RAM, R/O V.P.O. KANDWARI, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.

JUDGEMENT

(1.) THIS is a petition under Section482 Cr.P.C. read with Article 227 of the Constitution against the order dated 27.09.2011 passed by learned Judicial Magistrate Ist Class, Palampur, in Criminal Case No. 421 -1/2011. The facts, in brief, are that respondent had filed complaint under Sections 500, 504, 506 read with Section 34 IPC against the petitioners. The learned Magistrate issued process against the petitioners on 27.09.2011 for offences punishable under Sections 500, 504, 506 read with Section 34 IPC. The order dated 27.09.2011 has been assailed by the petitioners on the grounds that respondent is inimical towards the petitioners, the bare perusal of the complaint indicates that the learned Magistrate has committed error in issuing process against all the petitioners for offences punishable under Sections 500, 504, 506 read with Section 34 IPC. The respondent has stated his grievances in paragraph -7 of the complaint which are reproduced as under :

(2.) I have heard learned counsel for the parties. The learned counsel for the petitioners has reiterated the stand taken in the petition. It has been submitted that no case is made out against the petitioners No. 1,4 and 5 inasmuch as in the complaint, there is no allegation against the petitioners No. 1, 4 and 5. The learned counsel for the respondent has opposed the petition. The respondent in the complaint has alleged that petitioners No. 2 and 3 called the complainant 'chor', 'Badmash'. It has also been alleged that later on petitioner No. 1 joined the company of petitioners No. 2 and 3, but there is no averment that petitioners No. 1, 4 and 5 on 06.07.2011 abused the respondent and threatened him.