Decided on August 03,2012

Ganesh Singh Bisht And Another Appellant
State of Uttarakhand and another Respondents


- (1.) By means of this petition, a prayer has been advanced to quash the order of cognizance dated 05.05.2007 and proceedings of criminal complaint case no. 935 of 2007 titled as 'Harish Ram Vs. Laxmi Narayan and others' pending in the court of Additional Chief Judicial Magistrate, Haldwani District Nainital.
(2.) Having learned counsel for the parties, it transpires that petitioners and Harish Ram are neighbours, residing in close vicinity. Harish Ram is a scheduled caste person while petitioners belong to higher community. An application under Section 156 (3) Cr.P.C. was moved by Harish Ram making several allegations against the petitioners particularly that they used caste indicative words to his daughter Neelam, who was student of 8th Standard. It was also averred that petitioners used to cast aspersions upon his daughter by saying that she indulged in prostitution, so polluting the entire surrounding of the vicinity. These allegations were got inquired by sending the application to Kathgodam police station whereupon Sub Inspector reported that both parties had been challaned under Section 116, 107 Cr.P.C. and the girl had consumed the poison due to her family problems. It was further reported that 2 Ganesh Singh Bisht launched prosecution bearing case no. 2 of 2007 against few relatives of Harish Ram for the offences under Section 147, 148, 323, 506, 504, 395, 452 IPC and so as a counter blast all these relatives of Harish Ram motivated him to launch criminal proceedings against the petitioners.
(3.) Having got this report, Magistrate registered the application of Harish Ram, as complaint. He recorded the statement of Harish Ram and his daughter under Section 200 Cr.P.C. and Section 202 Cr.P.C. respectively and then passed the order of cognizance asking the petitioners to stand trial for the offences under Section 306, 500, 506 IPC coupled with Section 3 (1) X, XI, XV of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. This order of cognizance is under challenge before this Court.;

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