ARUN SAINI & OTHERS Vs. STATE OF UTTARANCHAL & OTHERS
LAWS(UTN)-2012-3-146
HIGH COURT OF UTTARAKHAND
Decided on March 27,2012

Arun Saini And Others Appellant
VERSUS
State of Uttaranchal and others Respondents

JUDGEMENT

- (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 record.
(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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