AI Structured Summary
Not yet generated for this judgment
Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 803 of 2010, Smt. Faima v. Firasat Khan and Ors. relating to offences punishable u/s 323, 504, 506 and 452 I.P.C., Police Station Kotwali Haldwani, District Nainital, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani.
Learned Counsel for the Petitioners submitted that complainant and Petitioners are in civil litigation in respect of the property jointly owned by them. It is further pointed out that there is an interim order in favour of the Petitioner from the civil court. However, this Court has to see whether the Magistrate has summoned the Petitioner in the criminal complaint case on the basis of sufficient material on record relating to offences punishable u/s 323, 504, 506 and 452 Indian Penal Code, or not.
Perusal of the statement of PW1 recorded u/s 200 and that of the witness recorded u/s 202 of Code of Criminal Procedure, which are annexed as Annexure-2 to the petition read with the impugned order dated 11.01.2011, show that apart from the oral statements of complainant and witnesses, there was copy of the report sent to the police, and medical report on the record, on the basis of which the Petitioners were summoned by the trial court to face the trial in respect of offences punishable u/s 323, 504, 506 and 452 I.P.C. The Magistrate has clearly observed that since there was No. sufficient material to make out the case relating to offence punishable u/s 426 I.P.C., as such the Petitioners were not summoned in respect of said offence.
As far as the plea of innocence raised by the Petitioners that they have been implicated due to enmity is concerned, this Court in its jurisdiction u/s 482 of Code of Criminal Procedure, is not inclined to go into the correctness of the actual pleas of defence, on the basis of the half baked evidence before it. It is desirable on the part of the trial court to examine the same if raised before it.
In the above circumstances, without expressing any opinion as to final merits of the case, the petition u/s 482 of Code of Criminal Procedure, is dismissed with the observation that if the Petitioners namely Firasat Khan and Smt Sitara appear before the trial court on the next date fixed, the warrants issued against them shall stand recalled, and their bail application shall be heard and disposed of expeditiously. (Stay Application No. 918 of 2011 stands disposed of).