1. Learned counsel appearing for the petitioners contends that earlier father of respondent no.2 namely Manohar had filed a complaint against petitioner nos.1 and 2. In regard to the same incident Ram Swaroop, respondent no.2 has filed the impugned proceedings, wherein even petitioner no.3 has been implicated. The earlier complaint filed by Manohar had been dismissed under Section 203 of the Code of Criminal Procedure. In such circumstances, in regard to the same incident, second complaint is not maintainable. The two complaints are at variance and, therefore also, are vitiated.
2. Issue notice to respondent no.2 through Chief Judicial Magistrate, Hardoi, returnable on 26.8.2014.
3. List on 26.8.2014.
4. Proceedings in Complaint Case No.634 of 2010/2637 of 2012 under Section 419 I.P.C., Police Station Kotwali Shahar, District Hardoi, shall remain stayed till the next date of listing.
Order Date :- 17.7.2014 A.Nigam