KM PRATIBHA NEGI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-10-86
HIGH COURT OF UTTARAKHAND
Decided on October 15,2012

Km Pratibha Negi And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (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 judgment.;


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