HON’BLE SANJAY KUMAR PACHORI, J.
1. The present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”) has been filed for quashing the order dated 23.07.2024 passed by Chief Judicial Magistrate, Saharanpur, whereby the protest petition has been allowed and cognizance/summoning order has been passed under Section 190(1)(b) of Cr.P.C. as well as entire proceedings of Criminal Misc. Case No. 361 of 2024 (Smt. Huma vs. Rajik & 3 others), arising out of Case Crime No. 49 of 2023, under Sections 147, 148, 149, 302 of Indian Penal Code, Police Station Rampur Maniharan, District Saharanpur.
2. Brief facts of the case as per first informatin report dated 3.3.2023, are that the husband of the opposite party no. 2 Amzad Ali is residing in the maternal house of the opposite party no. 2. Other co-accused Rajiq Ali, Imran, Naushad and Pravej are family members of the opposite party no. 2 and they had evil eye over the property of the opposite party no. 2. Husband of the opposite party no. 2 was obstructing. Due to this reason, they had enmity. On 3.3.2023, at about 10:00 pm, opposite party no. 2, her husband and sister of the opposite party no. 2 were sitting inside the H.K. Electrical Factory. At the same time, accused Rajiq, Naushad and Pravez and two other persons, having country made pistol entered into the factory and on the exhortation of accused Imran, other co-accused Rajiq, Naushad and Pravez shot fire upon husband of opposite party no. 2. On commotion, accused persons fled away from the spot. Opposite party no. 2 and her sister brought her husband to hospital with the help of other family members, where husband of the opposite party no. 2 declared dead. The F.I.R. has been registered as a Case Crime No. 49 of 2023. Call detail report of the mobiles of the opposite party no. 2 and her husband was taken during investigation and as per hospital record, opposite party no. 2 brought her husband to the hospital.