At the stage of inquiry under Sections 200 and 202 Cr. P. C., the court is to ascertain the truth or falsehood of the allegations made in the complaint for the limited purpose of finding out whether a prima facie case for issue of process has been made out.

( 1 ) THE application has been filed by the applicant under Section 482 Cr. P. C. with the prayer to quash the order dated 8. 7. 2005 passed by Addl. Sessions Judge, Court No. 5, Saharanpur in criminal Revision No. 16 of 2005 and with a further prayer to stay the operation of the impugned order.

( 2 ) I have heard learned counsel for the applicant, learned A. G. A and perused the record.

( 3 ) BRIEF facts of the case are that Komal Krishna, the applicant filed a complaint against tajendra, Ashwani and Surendra Kumar under Sections 307, 504, 506 and 452 IPC alleging that he was married to Seema Rani daughter of accused Surendra Kumar. Ashwani is son of Surendra kumar and Tajendra is their friend. After the marriage, the complainant came to know that accused Tajendra had been visiting his Sasural and had established relations with Smt. Seema rani. The family members of Seema Rani also wanted to marry her with Tajendra. But at that time, Tajendra was not doing any work and therefore she was married with accused as he was having a good post in the Railway department. The complainant also came to know that even after the marriage Tajendra used to visit his wife during his absence. He objected but his wife did not mend her ways and it became bone of contention between them. When the "complainant complained about this act of his wife to the accused, Ashwani and Surendra Kumar, they reprimanded the complainant.

( 4 ) AFTER about one year of the marriage, when the complainant came to his house from his duty he found Tajendra and his wife in objectionable position and he turned Tajendra out of his house and asked him never to come to his house. He also stated hat he would lodge a report against tejendra. At this Tajendra threatened to teach him a lesson. In the circumstances, he was compelled to file a divorce suit on 11. 5. 2004.

( 5 ) ON 16. 1. 2005 at about 4 p. m. , when he was at his room all the three accused came there and abused him and said that they had been searching him for a long time and now he had been found. The complainant said that he was taking divorce and had no concern with them. At this the accused Surendra said that he would take divorce only when he remained alive. Thereafter tajendra attacked with Palkati, Surendra with lathi and Ashwani fired at him with Tamancha. However he bent down and avoided the shot but received injuries from Palkati and Danda. He was- also medically examined and thereafter he filed a complaint.

( 6 ) LEARNED Magistrate examined the complainant under Section 200 Cr. P. C. and also recorded the evidence of the witnesses under Section 202 Cr. P. C. and thereafter finding that a prima facie case was made out against the accused persons, directed to summon them vide order dated 20. 4. 2005. Against the summoning order accused persons filed a criminal revision No. 16 of 2005 which has been allowed by the impugned order dated 8. 7. 2005. Learned Addl. Sessions judge remanded the case with the direction that learned Magistrate shall decide the matter again in light of the observations made by him as the complainant had not been able to corroborate the incident in the evidence given by him. Learned Sessions Judge as mainly remanded the case on the ground that there is contradiction in the statement of the complainant as he gave the date of incident as 16. 5. 2005 whereas in the complaint the date was mentioned as 16. 1. 2005; that learned Magistrate did not enquire from the complainant his house number; that there is material contradiction as in the statement of Medical Officer the measurement of the injury No. 1 has been given as 2. 5 cm X 2. 5 cm whereas in the injury report the measurement has been mentioned as 2. 5 cm X. 5 cm; that the complainant has stated in his statement that after the incident ashwani and Manish came and on seeing them the accused ran away whereas witnesses Manish and Ashwani have stated that the accused caused injuries in their presence with Palkati and