POORAN CHANDRA PANDEY, S/O GOVERDHAN PANDAY Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-5-135
HIGH COURT OF UTTARAKHAND
Decided on May 09,2012

POORAN CHANDRA PANDEY, S/O GOVERDHAN PANDAY Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the cognizance order dated 22.10.2011, passed by Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, in Criminal Complaint Case No. 291 of 2011, relating to offence punishable under Section 182 of I.P.C.
(3.) Brief facts of the case are that complainant Puran Chandra Pandey went to Police Outpost Lamachaur, within the limits of Police Station Haldwani, in connection of lodging a report relating to some minor accident. It is alleged that on the next day, when he went there to inquire about the fate of the complainat, the two policemen namely Ajay Pal Singh Rawat Assistant Sub-Inspector and Constable Narayan Dutt Joshi assaulted the complainant Pooran Chandra Panday and caused him grievous injuries. Consequently, he (Pooran Chandra Panday) got lodged a First Information Report at Police Station Haldwani, which was registered as Crime No. 207 of 2003, relating to offences punishable under Section 325, 504 of I.P.C. During investigation of the said case, it is stated that the policemen pressurized the complainant and obtained affidavits filed by the complainant Pooran Chandra Panday in their favour. Similarly, pressure was exerted on the witnesses and their affidavits were obtained. Consequently, final report was submitted by the Investigating Officer, in connection with Crime No. 207 of 2003, lodged against the policemen, but while doing so Investigating Officer recommended that the case be registered against the complainant in respect of offence punishable under Section 182 of I.P.C.;


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