( 1 ) THE present criminal miscellaneous application under Section 482 of the code of Criminal (hereinafter for short 'code') has been filed for quashing the criminal proceedings in criminal case No. 56 of 2001 after setting aside the summoning order dated 16-11-2001 passed by I Additional chief Judicial Magistrate, Hardwar and also judgment and order dated 29-4-2002 passed by learned Sessions Judge, Hardwar in criminal revision No. 20 of 2002.

( 2 ) HEARD Sri K. S. Verma, learned counsel for applicants and Sri Lok Pal Singh, learned counsel for respondent No. 2 and learned A. G. A. for State.

( 3 ) RESPONDENT No. 2 complainant filed an application under Section 156 (3) of the code before the learned Magistrate alleging that on 23-8-2001 at about 11 a. m. , eight accused named therein and who are the petitioners in the present petition trespassed into his agricultural plot and assaulted him. Out of these eight, one Suresh Kumar gave a knife blow and another named as Rajbeer fired a shot from pistol which fortunately did not hit the said victim. As a result of the assault he sustained injuries. The report of the incident was not lodged by the police and a registere