RAVINDAR SINGH SAINI, S/O SHRI JAGAT SINGH Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME
LAWS(UTN)-2012-4-28
HIGH COURT OF UTTARAKHAND
Decided on April 27,2012

MALKEET SINGH, S/O SHRI JAGAT SINGH R/O VILLAGE VIJAY NAGLIYA POLICE STATION BAZPUR, DISTRICT UDHAM SINGH NAGAR Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH SECRETARY HOME GOVERNMENT OF UTTARAKHAND, DEHRADUN 2. PRATAP SINGH,S/O SHRI SUKHDEV SINGH R/O SHIRPURI, POLICE STATION BAZPUR DISTRICT UDHAM SINGH NAGAR Respondents

JUDGEMENT

Prafulla C. Pant - (1.) HEARD.
(2.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Sessions Trial No. 94 of 2010, State vs. Ravinder Singh Saini and another, relating to offences punishable under section 147, 148, 149, 427, 307, 504, 506 IPC, Police Station Bazpur, District Udham Singh Nagar, pending in the court of Additional Sessions Judge, Kashipur. Learned counsel for the petitioners submitted that the impugned criminal proceedings are abuse of process of law. In this connection, attention of this Court is drawn to the First Information Report (for short FIR) dated 12.08.2009, lodged by Ravindar Singh (petitioner no. 2) against Sukhdev Singh and others which is registered as crime no. 271 of 2009. On said FIR, after investigation, charge sheet was filed against the accused. It is pleaded that as a counter blast to pressurize the petitioners, respondent no. 2 Pratap Singh got lodged FIR by moving an application under section 156 (3) Cr.P.C, from which the impugned proceedings have arisen. Attention of this Court is drawn to report dated 22.08.2009, submitted by Additional Superintendent of Police, Udham Singh Nagar to the Senior Superintendent of Police, after enquiry, in which the story alleged by respondent no. 2 is found not corroborated from the evidence on record. Not only this, the report dated 08.09.2009, of Circle Officer addressed to Senior Superintendent of Police, copy of which is annexed as annexure 7 to the petition also shows that said officer was of the opinion that the complaint made by Pratap Singh (respondent no. 2) was in PESHBANDI (in defence to save from the case initiated by the present petitioners). It is also pointed out that out of fifteen accused made by respondent no. 2 Pratap Singh, the Investigating Officer has arbitrarily filed charge sheet against only two present petitioners.
(3.) ADMIT the petition. Having considered submissions of learned counsel for the parties, and after going through the papers on record, as an interim measure, it is directed that further proceedings of Sessions Trial No. 94 of 2010, State vs. Ravinder Singh Saini and another, relating to offences punishable under section 147, 148, 149, 427, 307, 504, 506 IPC, Police Station Bazpur, District Udham Singh Nagar, pending in the court of Additional Sessions Judge, Kashipur, are stayed until further orders of this Court.;


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