BRIJ MOHAN SHARMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: STATE)
BRIJ MOHAN SHARMA
STATE OF UTTARAKHAND
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(1.) The challenge herein is to the entire proceedings of criminal case no.1126 of 2003, Kailash Chandra Sharma Vs. Brijmohan Sharma and others, wherein the learned Chief Judicial Magistrate, Chamoli vide order dated 3.12.2003 has taken cognizance against the petitioners and asked them to stand trial for the offences u/s 427, 504 and 506 (2) IPC. In order to ensure the attendance of petitioners, repeated processes were also sent by the Magistrate from Gopeshwar, District Chamoli to the place of dwelling of petitioners at Varanasi (Uttar Pradesh), which impelled them to file the instant petition on 17.4.2007 before this Court.
(2.) At the outset, it can pertinently be observed that petitioner no.1 is the father whereas rest of the petitioners are his sons, carrying their business in Varanasi whereas respondent no.2 runs a hotel at Joshimath, District Chamoli (Uttarakhand.). These too places are located at a far-flung distance of about 1000 kilometers. It can also keenly be 2 observed that admittedly both parties hail from Ajitgarh, District Seekar, Rajasthan which is the place of their origin.
(3.) The theme of impugned complaint is that the petitioners came at the hotel of respondent no.2 on 16.9.2003 at about 7 PM where they intimidated and threatened to kill complainant and also broke the glasses of reception of hotel, thereby causing damage to him for Rs.5,000/-. The genesis of this quarrel allegedly was that complainant is having some ancestral land in Ajitgarh (Rajasthan), which entails the mine of slate-stone. The accused persons compelled and exerted pressure upon the complainant to sell out his land to them but he did not succumb. So, the petitioners took recourse to the incident of quarrel in order to press their demand. Complainant examined himself u/s 200 Cr.P.C. whereas his two witnesses, namely, Kalyan Singh and Padam Nath were examined u/s 202 Cr.P.C., and on perusing the same, learned Magistrate passed the impugned order of cognizance.;
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