JUDGMENT : :

Ravindra Maithani, J.

The instant petition has been filed for setting aside the summoning and cognizance order dated 10.09.2021 passed in Criminal Case No. 1962 of 2021, State Vs. Pappu Giri and others, under sections 323, 504 and 506 IPC pending in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar. (for short “the case”)

2. Facts necessary, to appreciate the controversy, briefly stated, as follows;

The respondent no. 3 Sanjay Bharti filed an FIR against the petitioners on 15.12.2019 at 03:37 p.m. under sections 147, 148, 323, 354, 452, 504 and 506 IPC at Police Station Kotwali Roorkee. According to the FIR, the petitioner no. 2 used to molest the wife of the respondent no. 3 (the informant). On 12.12.2019 at 06:30 also the petitioner no. 2 Pappu Giri hold the wife of the informant by her chest and started molesting her. Upon alarm having been raised by the wife of the informant, some persons gathered there. Thereafter, at about 07:00 in the morning, the petitioners armed with lathi, danda and saria entered into the house of the informant, abused him and assaulted the informant and his family members. It is this FIR, in which, after investigatio