This petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P C.), has been filed by the petitioners seeking quashing of the proceedings of criminal case no. 538 of 2005 ‘Prem Pal vs. Ram Sumer and others’ relating to offences punishable under Section 147, 323, 324, 452, 504 and 506 I.P.C. and the summoning order dated 22.06.2005 passed by Addl. Civil Judge (Jr. Div.)/Judicial Magistrate, Kashipur in said case, pending before him.

2. Brief facts, which emerge out from the record, are that respondent no. 2, Prem Pal, who lives at Mohalla Sanjay Colony, Bazpur, plies three-wheeler for his livelihood. it is alleged that the petitioner no. 1 is the father of other petitioners. Prem Pal filed a complaint before the Trial Court on 10.06.2005 alleging therein that the petitioners, who are his neighbours, take grudge of him. Often they abuse and quarrel with him without any rhyme or reason. On 04.02.2005 also Ram Sumer, Rakesh and Shanti Devi abused and assaulted him, on being asked for fare of the Tempo. On the day of incident i.e. on 26.03.2005 at 1:00 p.m. the petitioners, alongwith, Rangam Singh, son-in-law of petitioner no. 1 and Harish Agarwal, a fiend of petitioner no.4, in furtherance of their common intention, came to his house and by abusing him they entered in his house and started beating him with their hands and fists and with LATHIES. The accused Rakesh had a knife in his hand and others were armed with LATHIES. Being instigated by Ram Sumer, Rakesh inflicted injuries on Prem Pal with a knife in his hand, which caused injury at the upper side of his left eye. On raising alarm, many people of the neighbour gathered at the place of occurrence and saved him. The accused persons, threatening to kill him, left the place of occurrence. This incident was witnessed by Bhagwan Das, Bhagwati Prasad and Smt. Phoolwati. The complainant got himself medically examined at Govt. Hospital, Bazpur and thereafter tried to lodge an F.I.R. in the police station but to no avail. Being constrained, the complainant had filed a complaint case against the petitioners. The complainant got himself examined under Section 200 Cr P .C. and in support of his complaint, he examined C.W.1 Bhagwati Prasad and C.W.2 Bhagwan Das under Section 202 Cr. P.C. it appears that the Trial Court, having gone through the evidence on record, after satisfying with the material available on record, vide its order dated 22.06.2005, prima facie, took cognizance in the matter and summoned the petitioners as well as two others, namely, Rangam Singh and Harish Agawal for the offences punishable under Section 147, 323, 324, 452, 504 and 506 I.P.C. Being aggrieved by the order of Trial Court, the petitioners have fired the present petition.

3. A bare perusal of the record reveals that in respect of the same incident, happened on 26.02.2005 at about 1:00 p.m., Rakesh (petitioner no.4) also filed a complaint before the Trial Court against Prem, Kamal, Jai Prakash, Kailash and Roshan Lal with the allegations that on the day of incident, Prem Pal having iron rod, alongwith, his brothers Kamal having LATHI, Jai Praiash having LATHI, Kailash having iron rod and their father Roshan Lal having the handle of a spade, in furtherance of their common intention, entered in his house and they started abusing and beating him with their respective weapons causing injuries in his head and other parts of his body. On raising alarm, when her sister Kanchan came to rescue him, the accused persons also gave beating to her with their respective weapons. In the meanwhile, Ram Sumer (father of complainant), Hemant Kumar (brother of complainant) also came to rescue him but the accused persons also beaten them. Due to the injuries inflicted by the accused persons, Hemant Kumar got injuries in his head as well as on other parts on his body. On screams, the neighbours, namely, Jagdish, Rafaquat, Abdul Waheed and others reached there and thereafter the accused p