ARUN SAINI & OTHERS Vs. STATE OF UTTARANCHAL & OTHERS
HIGH COURT OF UTTARAKHAND
Arun Saini And Others
State of Uttaranchal and others
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(1.) Heard learned Counsel for the parties and
perused the materials available on record. Rejoinder
affidavit filed today on behalf of the applicants is taken on
(2.) By means of this petition, prayer has been
advanced to quash the order of cognizance dated 27.6.2006
as well as the entire proceedings of Complaint Case No.
182/2006, Smt. Pinki v. Arun Sain & Others, pending before
the Civil Judge (Jr. Div.)/Judicial Magistrate, Kashipur,
District Udham Singh Nagar.
(3.) It transpires that the accused applicants are
police personnel. Arun Saini was Sub Inspector and at the
relevant time, he was In-charge of the Police Outpost
Dharampur, PS Jaspur, District Udham Singh Nagar, while
rest of the three accused applicants were Constables
working under him. They raided the house of Smt. Pinki
(private respondent no. 3) on information that contraband
liquor was being prepared and sold in the said house. They
found the information true and, accordingly, arrested Kallu
Singh, father-in-law of Smt. Pinki. Hearing the hue and cry,
three sons of Kallu, namely, Mukesh Kumar @ Guddu, 2
Vijendra and Jitendra came to his rescue and resisted the
police party. Soon after the occurrence, SI Arun Saini
lodged an FIR bearing Crime No. 615/06 under Section 60
of the Excise Act and Crime No. 616/06 under Sections
332/353/224/225 IPC against Kallu Singh and his three
sons on 26.3.2006 at 8.10 pm.;
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