DHYAN SINGH S/O SRI ARUN SINGH Vs. STATE OF UTTARAKHAND THROUGH SECRETARY
LAWS(UTN)-2012-8-8
HIGH COURT OF UTTARAKHAND
Decided on August 06,2012

DHYAN SINGH S/O SRI ARUN SINGH,SATPAL SINGH FAUJI S/O SRI DHYAN SINGH,SURENDRA PAL SINGH S/O SRI DHYAN SINGH,CHARAN SINGH S/O BALBIR SINGH,BALJEET SINGH S/O BALBIR SINGH,BALBIR SINGH S/O SRI AMAR SINGH Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH SECRETARY,BALJEET SINGH S/O SRI GURDEV SINGH R/O VILLAGE AAMKHERA P.S. NANAKMATTA TEHSIL SITARGANJ, DISTRICT UDHAM SINGH NAGAR. 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. 132 of 2012, Baljeet Singh Vs. Dhyan Singh & others, relating to offences punishable under Section 323, 427, 504, 506 of I.P.C., Police Station Nanakmatta, pending in the court of Additional Judicial Magistrate, Khatima. Learned counsel for the petitioners submitted that it is abuse of process of law on the part of the complainant to implicate the petitioners in a criminal case due to the property dispute between the complainant Baljeet Singh (respondent No.2) and the petitioners. Attention of this Court is drawn to the report dated 26.12.2010, of Deputy Superintendent of Police, Khatima, which is annexed as annexure No.5 to the petition. Said report discloses that due to the property dispute between the parties, the complainant wants to harass the sons of the petitioner No.1 Dhyan Singh, who have joined Indian Army, by implicating them in the criminal case.
(3.) ADMIT the petition.;


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