RAGHUBIR SINGH Vs. SITA DEVI
LAWS(UTN)-2012-7-9
HIGH COURT OF UTTARAKHAND
Decided on July 13,2012

RAGHUBIR SINGH,KAMAL SINGH S/O SHRI BACHAN SINGH,SHANKAR SINGH S/O SHRI DIWAN SINGH,BHAGAT SINGH S/O SHRI BALWANT SINGH,INDRA SINGH S/O SHRI BAKHTAWAR SINGH,PITAMBER RAM S/O SHRI MANGLI RAM,NARENDRA LAL S/O SHRI DULPI LAL,NARAYAN SINGH S/O SHRI BACHAN SINGH,MOHAN SINGH S/O SHRI BALWANT SINGH Appellant
VERSUS
SITA DEVI Respondents

JUDGEMENT

- (1.) HEARD.
(2.) BY means of this petition moved under section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 765 of 2006, Sita Devi vs. Raghubir Singh and others, relating to offences punishable under section 147, 148, 354, 395, 427, 452, 458 504 and 506., pending in the court of Chief Judicial Magistrate, Chamoli. The petitioners have further challenged the order dated 27.04.2012, passed by Sessions Judge, Chamoli, in Criminal Revision No. 07 of 2007, upholding the summoning order passed by the Magistrate. Learned counsel for the petitioners submitted that it is a case of grave abuse of process of law on the part of the complainant to implicate the petitioners in the criminal case. It is pointed out that complainant Sita Devi (respondent), is a labourer of Shri Sabbar Singh, a local Advocate, who was constructing his house in village Pana, to which the villagers had objected due to the illegal encroachment. It is further pointed out that several cases got registered by Sabbar Singh Advocate, through different labourers against the petitioners only for their harassment, and to pressurize them to allow the Advocate to construct the house. Admit the petition.
(3.) ISSUE notice to respondent Sita Devi, who may file her counter affidavit within a period of six weeks. Having considered submissions of learned counsel for the petitioners, and after going through the papers on record, as an interim measure, it is directed that the further proceedings of Criminal Complaint Case No. 765 of 2006, Sita Devi vs. Raghubir Singh and others, relating to offences punishable under section 147, 148, 354, 395, 427, 452, 458 504 and 506., pending in the court of Chief Judicial Magistrate, Chamoli, are stayed until further orders of this Court.;


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