1. This petition filed under Section 482 of the code of Criminal Procedure seeks quashing of summoning order dated 7.3.2014 passed by Judicial Magistrate-I, Gonda, in Complaint Case No.613 of 2013, Rahamtulnish v. Abdul Hasan, contained as Annexure Nos.1 and 2, respectively to the petition. The petition also prays for quashing proceedings of aforesaid complaint case.
2. Learned counsel appearing for the petitioners contends that an incident took place on 25.5.2013. Son of petitioner no.1 received grievous injuries with fracture. Case Crime No.150 of 2013 was registered under Sections 325/323/504 I.P.C., Police Station Mankapur, District Gonda, wherein husband of respondent no.2 and others are accused. In counterblast to the said proceedings initiated by petitioner no.1 an application under Section 156(3) of the Code of Criminal Procedure was made on 7/21.6.2013 by respondent no.2 on a concocted version/story implicating the petitioners, so as to pressurize them not to prosecute Case Crime No.150 of 2013, in which husband of respondent no.2 is an accused among others. It has been pointed out that the witnesses made in the complaint case are also accused in Case Crime No.150 of 2013.
3. Application made under Section 156(3) of Code of Criminal Procedure has been treated as 'Complaint'. Learned counsel has pointed out that there is material discrepancy in the version given in the statements under Section 200 of the Code of Criminal Procedure and Section 202 of the Code of Criminal Procedure. In the statement of the complainant recorded under Section 200 of the Code of Criminal Procedure, even the date of incident has not been given. Shravan Kumar is the newly introduced witness in the statement recorded under Section 202 of the Code of Criminal Procedure.
4. Issue notice to respondent no.2 through Chief Judicial Magistrate, Gonda, returnable on 27.8.2014.
5. State and respondent no.2 are required to file counter affidavits.
6. Further proceedings in Complaint Case No.613 of 2013, Rahamtulnish v. Abdul Hasan, pending in the Court of Judicial Magistrate-I, Gonda, shall remain stayed till the next date of listing.
Order Date :- 15.7.2014 A.Nigam