On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record, the F.I.R. lodged by the applicants side against the opposite party no. 2 and the version in complaint filed by opposite party, the statements of complainant and other witnesses and the medical report, it appears that the incident took place on the same day and F.I.R. was lodged on the part of applicants against the complainants but no F.I.R. was lodged on the part of complainant. He was medically examined in which fracture was found on the left hand and he was sent to jail in the case lodged by applicants against him. When he was released from jail he filed an application under Section 156(3) Cr.P.C. which was treated as complaint and after recording the statements of the complainant and other witnesses the learned court passed the summoning order dated 24.06.2024 in detail. The veracity of statements made by the complainant and other witnesses cannot be examined at this stage but it is possible only during the course of trial, therefore, there appears no ground to grant any indulgence in favour of the applicants at this stage, as a result, prayer for quashing the entire proceedings of the case is hereby refused. Further, applicants may have an option to move an application for discharge before the learned trial court which shall be heard and decided in accordance with law on the basis of material on record.
