Decided on December 04,2013

Benet And Another Appellant
State of Uttarakhand and others Respondents


- (1.) The applicants Benet and Sonu, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 04.09.2010 and the summoning order dated 21.09.2010 passed the Additional Chief Judicial Magistrate, Haldwani, District Nainital in Criminal Case No. 2833 of 2010, under Sections 323, 504 and 308 IPC, pending before the said Court.
(2.) An FIR was lodged by the informant (respondent no. 3 herein) against three accused persons including present applicants on 25.08.2010 at P.S Haldwani, which was registered as case crime no. 390 of 2010, under Sections 323, 324, 504 and 308 IPC. After the investigation, a charge-sheet was submitted against the present applicants, namely, Benet and Sonu under Sections 323, 504 and 308 IPC. Cognizance was taken on the charge-sheet and the accused persons were summoned to face the trial for the selfsame offences vide impugned order dated 21.09.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant (respondent no. 2 herein), on 24.08.2010, at 4:00 pm, her husband Rahmat Maisi and father-in-law Barkat Maisi were standing on the road side of their house. Maisi Charan came along with his sons Benet and Sonu alias Helmet. They hurled abuses at complainant's husband. When the complainant refrained them from doing so, they assaulted complainant's husband. Her father-in-law Barkat Maisi tried to intervene, but the accused persons also assaulted him. Accused persons beat her husband and father-in-law with sticks, as a consequence of which, her husband sustained grievous injuries. He fell on the ground and became unconscious. She along with her father-in-law also sustained grievous injuries. Accused persons fled away from the place of incident, no sooner the people of the locality assembled there. Had the people of the locality not arrived on the scene of occurrence, accused persons would have killed her husband. Injured persons, namely, informant, her husband and father-in-law went to base hospital on a rikshaw. Since the condition of her husband was critical, therefore, he was referred to Sushila Tiwari hospital.;

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