IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 759 of 2005 Dr. Parul Goyal D/o Sri R.P. Goyal Medical Officer Jawaharlal Nehru Hospital Rudrapur, District Udham Singh Nagar. ...…………. Petitioner Versus 1. Judicial Magistrate, Rudrapur District Udham Singh Nagar. 2. R.P. Singh, Advocate District Court Campus, Rudrapur, Distt. U.S. Nagar. ...…………. Respondents None present for the petitioner. Mr. M.A. Khan for respondent No. 1. Mr. S.K. Mandal, Advocate for respondent No. 2 / complainant. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the summoning order dated 28.09.2005, passed by the Judicial Magistrate, Rudrapur, in Criminal Complaint Case No. 739 of 2005; Ravindra Pal Singh Vs. Dr. Parul Goyal, relating 2 to offences punishable under Section 500, 506, 504 of I.P.C. 2) Heard and perused the papers on record. 3) Brief facts of the case are that the petitioner, who is a medical officer in the Government Hospital, appeared as a witness before the court of Sessions Judge, Udham Singh Nagar on 09.07.2004, in Sessions Trial No. 375 of 2004; State Vs. Neeraj Pujari, relating to offences punishable under Section 376 / 506 of I.P.C. The complainant / respondent No. 2 R.P. Singh was the counsel of defence in said case, who cross-examined the petitioner. It is alleged in the criminal complaint filed by complainant / respondent No. 2, that after the examination was over, and the petitioner came out of the court, she insulted the complainant, who is an Advocate. It is pleaded in this petition under filed Section 482 of Cr.P.C. that the impugned criminal complaint is nothing but abuse of process of law on the part of the complainant, as the petitioner had no reason to quarrel with the counsel of the defence, after her examination as a witness was over in the court. 4) Having gone through the contents of the criminal complaint filed by the complainant, copy of which is Annexure –6 to the petition, the copies of the statement of complainant recorded under Section 200 of Cr.P.C., and that of witnesses, namely Khadak Singh, Sachin 3 Gambhir and Jagdish Bisht, recorded under Section 202 of Cr.P.C. and the impugned order dated 28.09.2005, whereby the petitioner is summoned, this Court finds that the impugned proceedings are nothing but abuse of process of law on the part of the complainant / respondent No. 2. 5) Therefore, the petition under Section 482 of Cr.P.C. stands allowed. The proceedings of criminal complaint case No. 739 of 2005; Ravindra Pal Singh Vs. Dr. Parul Goyal, relating to offences punishable under Section 500, 506, 504 of I.P.C., including the summoning order dated 28.09.2005 passed therein, by the Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. (Stay Vacation Application No. 1205 of 2006 as well as Urgency Application No. 1230 of 2010 stand disposed of). (Prafulla C. Pant, J.) Dt. April 05, 2010. H. Negi 4