RAJESH KUMAR SURI Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Rajesh Kumar Suri
State of Uttarakhand and another
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(1.) At the outset, it is pertinent to mention that the Court does not feel any necessity even to issue notice to respondent no.2. Hence, the Court has heard the revisionist, who has appeared, in person, before the Court as well as learned AGA on behalf of the State and has also carefully perused the entire documents available in the file.
(2.) This revision has been filed by Mr. Rajesh Kumar Suri, challenging the order of learned Additional Sessions Judge, Dehradun dated 29.8.2012, whereby the learned Judge, turning down the submissions for discharge of accused/revisionist Rajesh Kumar Suri, framed the charges under Sections 147/149, 148/149, 504/149, 506/149, 427/149 and 307/149 IPC against him along with his two associates, namely Raj Suri and Rita Suri.
(3.) The incident, in question, allegedly occurred in Dehradun city in the intervening night of 1/2.1.2003 at about 12:30 A.M., when all the above three accused, along with 8-10 other associates, came at a plot located in a posh area at Balbir Road, Dehradun and strived to dispossess its occupants. While the accused were assaulting them, meanwhile, Rajesh Suri (revisionist), by brandishing a double barrel gun in his hand, warned them to leave the spot otherwise they would be killed. During the course of threatening, the revisionist also opened a fire upon the complainant but somehow the complainant Satendra Kumar managed to turn the barrel of gun upwards otherwise the same would have hit him. It was also stated that the invaders had caused the loss by breaking the boundary wall of the occupants. Thus, the first information report was lodged which culminated into the submission of chargesheet (Annexure 4 to the revision) against the revisionist and two others.;
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