Hon’ble U.C. Dhyani, J. (oral)

Counter affidavit filed on behalf of respondent no. 2 in the Court is taken on record.

2. The applicants, by means of present application/petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 21.04.2008 as well as the entire proceedings of criminal case no. 08 of 2008, Lakkha Singh vs Gurucharan Singh and another, under Sections 504 and 506 of IPC, within the jurisdiction of police station Kunda, District Udham Singh Nagar, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

3. A criminal complaint case was filed by the complainant/respondent no. 2 against the accused persons/applicants in respect of offences punishable under Sections 323, 504, 506 of IPC. After the statements of the complainant under Section 200 of Cr.P.C. and Harbhajan Singh and Jaswant Singh under Section 202 of Cr.P.C., the accused persons/applicants were summoned to face the trial for the offences punishable under Sections 504 and 506 of IPC. Learned Addl. Chief Judicial Magistrate, Kashipur, vide order dated 21.04.2008, found that no prima facie offence punishable under Section 323 of IPC was made