AANAND AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-3-142
HIGH COURT OF UTTARAKHAND
Decided on March 23,2012

Aanand And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) By means of this petition, a prayer has been made to quash the charge sheet in criminal case no. 7433 of 2007 titled as State Vs. Anand and another and order of cognizance dated 22.12.2007 passed upon the same.
(2.) The facts are that applicants are real nephews of respondent no. 2 Prem Chandra. Soon after the alleged occurrence, respondent no. 2 lodged a report under Section 323, 504 IPC on dated 24.04.2007 at Police Station Jwalapur, District Haridwar, which was registered as NCR. There was a dispute between the parties, on account of some immovable property wherefor a civil suit no. 320 of 2006 was also pending the court of Civil Judge (Junior Division), Haridwar. The allegations in the NCR were that while children of respondent no. 2 namely Kapil and Anita were cleansing the drainage, petitioners came there and hurled abuses, when they were asked not to abuse then petitioners assaulted Kapil, Anita and their mother. The victims suffered injuries. They got themselves medically examined on that very day i.e. on 24.04.2007 at 01.30 p.m. in the District Hospital and their injuries reports have been filed along with this petition as Annexure nos. 2, 3 and 4. 2
(3.) After investigation, charge sheet was submitted against the petitioner, for the offences under Section 323, 325, 504 IPC on 30.04.2007 and on receipt of the same, the learned Magistrate has taken cognizance on 22.12.2007, asking the petitioners to stand trial for the aforesaid offences.;


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