HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 886 of 2006 Manoj Kumar s/o Sri Prushottam R/o Police Station Kotwali, District Dehradun ………… Applicants Versus 1. State of Uttaranchal 2. Bhapendra Kumar s/o Sri Kishan Lal R/o H-22 Nehru colony, P.S. Dalanwala, District Dehradun ………..Opp. Party Dated: 7.12.2006 Hon’ble Rajesh Tandon, J. Heard Sri Sandeep Tandon counsel for the applicant and learned A.G.A. for the respondents. By the present application under section 482 Cr.P.C. the applicant has challenged the order dated 9.10.2006 passed by the Sessions Judge, Dehradun in Criminal Revision No. 130 of 2006 and the order dated 7.6.2006 passed by the Special Judicial Magistrate Dehradun in complaint Case No. 345 of 2006, Bhupendra Kumar vs. Virendra Shah & others. According to the applicant, respondent no. 2 filed an application under section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Dehradun, who directed the Police Station, Dalanwala to submit the report. After investigation, the Police has submitted the report that no action was required against the applicant. However, the Magistrate treated the application of the complainant as a complaint and registered a case under section 506 and 120B I.P.C. Against the summoning order, the applicant has filed a Criminal revision No. 1340 of 2006 before the Sessions Judge, Dehradun which was dismissed vide order dated 9.10.2006. So far as the instant petition under section 482 Cr.P.C. is concerned, it has been filed for quashing the summoning order as well as the order passed in revision. I find no infirmity in the order and, therefore, no interference can be made under section 482 Cr.P.C. Both the parties will be at liberty to lead the evidence in view of the observations made by the Apex Court in the case Medchl Chemicals and Pharma (P) Ltd. vs. Biological E. Ltd. and others (2003) 3 SCC 269. Since the trial has to take place for the offences under the aforesaid sections, therefore, without expressing any opinion on the merits of the case, I direct the applicants to appear before the Magistrate concerned and the court will release the applicant on furnishing appearance bonds to the satisfaction of the Magistrate concerned for their regular appearance in the case. Subject to the observations made above, application under Section 482 Cr.P.C. is dismissed. Dated: 7.12.2006 Rajesh Tandon, J. *Dhyani