KUNDAN SINGH S/O KALA SINGH Vs. STATE OF UTTARAKHAND THROUGH DISTRICT
LAWS(UTN)-2012-8-11
HIGH COURT OF UTTARAKHAND
Decided on August 08,2012

KUNDAN SINGH S/O KALA SINGH Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH DISTRICT,GIRDHARI LAL S/O MUTADI LAL, R/O VILLAGE BANDASA, PATTI KARAKOT, TEHSIL DEOPRAYAG, DISTRICT TEHRI GARHWAL. Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) HEARD.
(2.) BY means of this petition, moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Case No. 1291 of 2009, State Vs. Kundan Singh, relating to offence punishable under Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and under Sections 323, . 504, 506 of I.P.C., pending in the court of Chief Judicial Magistrate, Tehri Garhwal. The petitioner has further challenged order dated 28.06.2012, passed by Additional Sessions Judge, Tehri Garhwal, in Criminal Revision No. 48 of 2009, affirming the summoning order passed by the Magistrate. Learned counsel for the petitioner submitted that the impugned criminal proceedings are abuse of process of law and motivated one, which are initiated due to political rivalry between the complainant and the petitioner. It is further submitted that earlier, after investigation, final report was submitted as no offence was said to have been made out against the petitioner. But the complainant got the matter re- investigated and the charge sheet was filed. It is argued that the order of reinvestigation itself was questionable.
(3.) ADMIT the petition.;


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