JUDGMENT : Rakesh Thapliyal, J. 1. By the present C482 Application, the present applicants are challenging the chargesheet dated 19.08.2022, as well as the summoning order dated 13.09.2022 passed by the Judicial Magistrate, Jaspur, District Udham Singh Nagar, as well as the entire proceedings of Sessions Trial No. 218 of 2022, arising out of First Information Report, lodged on 28.05.2022, P.S. Jaspur, District Udham Singh Nagar, bearing FIR No. 0151 of 2022. 2. Brief facts of the case are that a First Information Report was lodged on 28.05.2022 at P.S. Jaspur, District Udham Singh Nagar, bearing FIR No. 0151 of 2022 for the offences punishable under Section 307, 323, 504 and 506 of IPC with the allegation that, in the evening of 28.05.2022 at about 6.00 p.m., the complainant/respondent visited Tehsil Jaspur for his urgent work and when he was coming out from the Tehsil premises on his motor bike, he was surrounded by Sukhdev Singh, Resham Singh and Harjeet Singh and was beaten by using abusive language and then Resham Singh opened the fire upon the complainant by taking out the pistol from his vehicle, due to which the complainant fell down and three persons beaten the complainant with fists, kicks and sticks. 3. After thorough investigation, the Investigating Officer submitted the chargesheet for the offences punishable under Sections 307, 323, 504 and 206 of IPC on 19.08.2022, on which the learned trial Court took cognizance on 13.09.2022 and since the offence punishable under Section 307 of IPC is triable by the Sessions Court, consequently, the Judicial Magistrate committed the proceedings to the Court of Sessions by order dated 24.11.2022. 4. Subsequently, the statement of PW1 the complainant was recorded on 05.09.2023 and 26.02.2024 and he was cross-examined on 25.04.2024. 5. Learned counsel for the applicants submits that the applicants are innocent and only due to political rivalry they have been implicated. It is submitted that a bare perusal of the impugned FIR would reveal that the complainant alone was beaten and assaulted by the applicants herein and one Harjot @ Harjeet and no one was there with the complainant, but in the chargesheet, Surendra Chauhan and Dinesh Kumar were shown as witness. 6.
It is submitted that a bare perusal of the impugned FIR would reveal that the complainant alone was beaten and assaulted by the applicants herein and one Harjot @ Harjeet and no one was there with the complainant, but in the chargesheet, Surendra Chauhan and Dinesh Kumar were shown as witness. 6. It is submitted that the complainant and his associates are operating an organization in the name of ‘Bhartiya Nari Raksha Sena Trust’ and used to collect money from different sources in order to help and protect the weak and helpless women but in reality, they are harassing and exploiting the women. 7. It is also contended that one Saraswati Devi, who was engaged as Treasurer in the said organization was raped by the complainant and his son and to this effect, a First Information Report was also lodged at Police Station, Jaspur, District Udham Singh Nagar. 8. Learned counsel for the applicants submits that initiation of this proceeding is nothing but with malafide intents and the said proceeding falls under the rarest to rare case and is absolutely abuse of process of law and hence the proceeding should be quashed. 9. After gone through the allegation as alleged in the impugned FIR and the chargesheet, this Court is of the opinion that all these aspects and submissions as advanced by the learned counsel for the applicants are the question of trial. 10. It is undisputed fact that after thorough investigation, the chargesheet has been filed and the learned trial Court took cognizance after taking into consideration the entire material on record and therefore, at this stage, no interference is called for to quash the proceedings. 11. Accordingly, the present C482 Application is dismissed, being devoid of merit.