LAL SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-3-11
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on March 27,2012

LAL SINGH Appellant
VERSUS
STATE OF UTTARAKHAND,SUNITA WILSON Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of criminal complaint case no. 828 of 2004, Sunita Wilson vs. Dr. Brahm Singh and another, relating to offence punishable under section 295A IPC, pending in the court of Judicial Magistrate/Civil Judge (Jr. Div.), Laksar.
(3.) Brief facts of the case are that a criminal complaint case was filed by respondent no. 2 Sunita Wilson against one Dr. Brahm Singh, of Community Health Centre, Laksar, and the present petitioner Lal Singh who was ward boy at the Centre. In said complaint which was filed in the year 2002, the complainant stated that she is member of Christian Community, and her husband Maxwel Wilson was Chawkidar in the Community Health Centre, Laksar. She has alleged in the criminal complaint that accused used to insult her husband for being member of Christian Community. On said complaint, the Magistrate recorded statement of the complainant under section 200 Cr.P.C., and that of witnesses under section 202 Cr.P.C., but did not find substance in it, and vide order dated 29.05.2002, the criminal complaint was dismissed under section 203 Cr.P.C.. It appears that a criminal revision was filed against said order, and the same was allowed vide order dated 22.07.2002, passed by Sessions Judge, Hardwar, in criminal revision no. 297 of 2002, whereby the Magistrate was directed to pass fresh orders. Consequently, Additional Chief Judicial Magistrate, Roorkee, Summoned the present petitioner Lal Singh, and co-accused Dr. Brahm Singh to face trial in respect of the offence punishable under section 295A IPC.. Aggrieved by said order both the accused filed criminal revision no. 320 of 2004, which was dismissed by Sessions Judge, Hardwar, vide his order dated 24.12.2005. Hence this petition.;


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