Jot Singh and Others vs Man Singh

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of,Man Singh v. Jot Singh and Ors. Criminal Complaint Case No. 127 of 2010 relating to offences punishable u/s 427, 504 I.P.C, pending in the court of Judicial Magistrate, Bhikiyasain, District Almora.

Learned Counsel for the Petitioners submitted that the impugned criminal complaint is nothing but counterblast to the charge sheet filed against the complainant/Respondent on the First Information Report lodged by Petitioner No. 2 Pan Singh. It is also pointed out the criminal complaint was filed after five months of the F.I.R lodged by Petitioner No. 2. It is argued that it is abuse of process of law on the part of the complainant to initiate the impugned proceedings against the Petitioner, to pressurize him.

Admit the petition.

Issue notices to Respondent Man Singh who may file his counter affidavit within a period of four weeks.

In the above circumstances, having considered submissions of learned Counsel for the Petitioners and after going through the papers on record, it is directed that further proceedings of Criminal Complaint Case No. 127 of 2010, Man Singh v. Jot Singh and others relating to offences punishable u/s 427, 504 I.P.C, pending in the court of Judicial Magistrate, Bhikiyasain, District Almora, are stayed till the next date of listing.

List after four weeks.