KM PRATIBHA NEGI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Km Pratibha Negi And Others
State of Uttarakhand and another
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(1.) Having heard learned counsel for the parties, it
transpires that initially, altercation took place between Pradeep
Joshi, on the one hand and Pratibha Negi & her family
members, on the other. Suresh Chandra Arya (respondent no.
2) was servant of Pradeep Joshi. Cross FIRs were lodged by
both the parties against each other on 16.01.2012 itself with a
little variation in time.
(2.) An application was moved respondent no. 2 Suresh
Chandra Arya on 10.04.2012 to the Judicial Magistrate
requesting him to register a fresh case by adding the offence
under Section 3/10 of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. Learned Magistrate
called a preliminary inquiry report from the concerned police
station wherein it was mentioned that matter was being
investigated and the FIR had already been registered.
(3.) In the application moved by Suresh Arya on
10.04.2012 the incident narrated was of the same date and time,
so the learned Magistrate got a preliminary inquiry report,
wherein police reported that matter was being investigated,
thus, the learned Magistrate rejected application of Suresh Arya
under Section 156 (3) Cr. P. C. whereagainst a criminal revision
no. 13 of 2012 was filed before Sessions Judge, Almora, who
allowed the same on 30.08.2012 and directed the Magistrate to
pass fresh order in the light of observations made in the
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