POORAN CHANDRA PANDEY, S/O GOVERDHAN PANDAY Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
POORAN CHANDRA PANDEY, S/O GOVERDHAN PANDAY
State of Uttarakhand and Ors
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(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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