Decided on October 06,2012

Saleem Ahmad Khan Appellant
State Of Uttarankhand And Another Respondents


- (1.) Having heard learned counsel for the parties, it appears that a chargesheet has been submitted against Saleem Ahmad Khan (applicant) and fifteen others accused persons for the offence under Sections 147, 149, 341, 332, 353, 336, 427 IPC read with Section 7 of the Criminal Law Amendment Act, Police Station Rudrapur, pursuant to FIR No. 253 of 2010 and the learned Magistrate took cognizance of the offence on 20.12.2011 asking the accused persons to put their appearance but even after lapse of almost a year it appears that none of the accused persons have put up their appearance while one of the accused persons has filed this petition to stay further proceedings of criminal case no. 4407 of 2011 arising out of the aforesaid FIR.
(2.) As per the FIR lodged on 11.05.2010 at 03.30 a.m., an incident occurred in the intervening night of 10th /11th of May 2010 at about 00.45 a.m. when crowd of 150-200 persons came at the police station and surrounded the station. They were staging a protest on the National Highway (Nainital Delhi) and that protest escalated to the extent of breaking the passing vehicles on the Highway. The crowd were raising slogans against police and administration. They also damaged the Government vehicles of police. SHO concerned and Additional Superintendent of Police Ms. Nivedita Kukreti strived to persuade and pacify the hooligans but all went in vain. Rather they became more aggravated, injuring Head Constable Kunwar Singh, who was shifted to District Hospital, Rudrapur by Government Vehicle but these rioters even hampered the carrying of injured Constable and pelted stones upon police party, so a VAJR VAHAN was also pressed into service to disperse the rioters. After investigation, a chargesheet was submitted, as indicated above.
(3.) Learned counsel for the applicant has argued that FIR was lodged against unnamed persons and as per statement of Ms. Nivedita Kukreti, ASP, on her persuasion, applicant was helping in pacifying and scattering the crowd.;

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