PREM SINGH S/O SHRI BHOOP SINGH Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME DEHRADUN
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND, THROUGH SECRETARY HOME DEHRADUN
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(1.) HEARD. By means of this writ petition moved
(2.) UNDER Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report dated 6.03.2012 registered as Crime No. 01 of 2012, relating to offences punishable UNDER section 323, 504, 506, 354 and 452 I.P.C., and UNDER section 3(1) (X) of S.C. & S.T. (Prevention of Atrocities) Act, 1989, Patwari Circle Ajmer Walla II Tehsil Kotdwar, District Pauri Garhwal. Learned counsel for thepetitioners
Submitted it is a case of abuse of section 156(3) of Cr.P.C. It is further pleaded that there is simple land dispute of civil nature between the parties, but an application under section 156 (3) of Cr.P.C., was moved on 10.1.2011, after two months of the alleged incident. The Magistrate, after obtaining report from Naib Tehsildar found no substance in the application and dismissed the same accordingly. It appears that complainant filed criminal revision before the revisional court, which allowed the revision and directed registration of the case. Learned counsel for the petitioners Submitted that not only the revisional court has exercised revisional jurisdiction wrongly, but also the order directing registration of case is unjust. Admit the petition.
Learned counsel for the State prays for
(3.) AND is allowed six weeks' time to file the counter affidavit.
Issue notice to respondent no.4 Smt. Guddi Devi, who may also file her counter affidavit within a period of six weeks.;
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