DASHRATH PANT Vs. STATE OF UTTARKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
State Of Uttarkhand
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(2.) By means of this petition, moved under
Section 482 Cr.P.C., the petitioner has challenged the
order dated 29.05.2010 passed by Addl. Judicial
Magistrate, Rishikesh, District-Dehradun in Criminal
Compliant Case No. 291 of 2010, Gauri Shankar Vs.
Dashrath Pant and another, relating to offence
punishable under Section 211 of I.P.C.
(3.) Brief facts of the case are that on 05.02.2001
petitioner no. 1 Dashrath Pant, lodged the First
Information Report at Police Station Rishikesh, against
the respondent no. 2 Gauri Shankar, relating to offences
punishable under Section 452, 323, 354 and 506 of I.P.C,
which was registered as Crime No. 591 of 2001. After
investigation, police submitted chargesheet in said case
against the respondent no. 2 Gauri Shankar, for his trial
in respect of offences punishable under Section 323, 354,
452, 504 and 506 of I.P.C. After framing of the charge
prosecution evidence was adduced and same was put to
the accused Gauri Shankar and after hearing the parties,
it was found that the prosecution failed to prove the
charge beyond reasonable doubt against Garui Shankar
(respondent no. 2). Accordingly, he was acquitted from
the charge of the offences punishable under Section 452,
323, 354, 504 and 506 of I.P.C. by Civil Judge/Addl.
Judicial Magistrate, Rishikesh vide his order dated
13.08.2009, in Criminal Case no. 1181 of 2009. The said
order got affirmed vide order dated 30.03.2012 passed
by Addl. Sessions Judge/ VIII
Fast Track Court,
Dehradun in Criminal Appeal No. 24 of 2011.;
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