ZAHID HUSSAIN S/O SHAKBEER HUSSAIN Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
Zahid Hussain S/O Shakbeer Hussain
State of Uttarakhand and Ors
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(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the order dated 24.10.2009, passed by Sessions Judge, Nainital, in criminal revision no. 37 of 2009, whereby said court has affirmed the order dated 19.08.2009, passed by Chief Judicial Magistrate, Nainital, dismissing the criminal complaint under section 203 Cr.P.C.
(3.) Brief facts of the case are that the petitioner Zahid Hussain lodged a First Information Report on 09.09.2007, at Police Station Bhowali, relating to offences punishable under section 323, 504, 506, 452, 342 IPC, and one punishable under section 41/102 Cr.P.C., against respondent no. 2 Mohd. Ashraj @ Babu, respondent no. 3 Mohd. Hanif, respondent no. 4 Zulfukhar and respondent no. 5 Ali Akhtar. It appears that after investigation police found no offence is made out against the accused and submitted final report. On receiving notice on said report from the court of Magistrate, the petitioner (complainant) appears to have filed protest petition which was treated as criminal complaint by the Magistrate. The Magistrate himself recorded the statement of the complainant under section 200 Cr.P.C., and that of the witnesses under section 202 Cr.P.C. The Magistrate also found that no offence is made out against the accused and dismissed the criminal complaint vide impugned order dated 19.08.2009. Aggrieved by said order, passed by Chief Judicial Magistrate, Nainital, in criminal complaint case no. 1843 of 2009 , criminal revision no. 37 of 2009, was filed before the learned Sessions Judge, Nainital. Said court also after hearing the parties dismissed the revision.;
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