KISHAN LAL SHASTRI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-5-109
HIGH COURT OF UTTARAKHAND
Decided on May 08,2013

Kishan Lal Shastri And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants by means of present application under Section 482 of Cr.P.C. seek to quash the summoning order dated 04.04.2008, passed by learned I Addl. Chief Judicial Magistrate, Haridwar in criminal case no. 627 of 2008, State vs Kishan Lal and others under Sections 420, 452, 427, 303, 504, 506 of IPC, registered in police station Shyampur, District Haridwar.
(2.) Taking recourse to Section 156(3) of Cr.P.C., respondent no. 2 Smt. Reena Chaudhary lodged an FIR in police station Shyampur, District Haridwar against Kishan Lal Shastri, Bobby alias Vinod, Manoj and three other unknown people on 05.09.2007. After the investigation, chargesheet was submitted against Kishan Lal Shastri, Bobby alias Vinod and Manoj in respect of self same offences. Cognizance on the said chargesheet was taken by learned I Addl. Chief Judicial Magistrate, Haridwar and summons were issued to the accused persons to appear before the court concerned to face the trial. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was filed.
(3.) According to respondent no. 2 Smt. Reena Chaudhary, on 16.08.2007, at 10:30 A.M., when her husband was away and she was all alone in her house, Kishan Lal Shastri, Bobby and Manoj, all residents of Mohalla Shrawan Nath Nagar, Haridwar, entered into her house. The accused persons were also accompanied by three other unknown people. Accused persons asked the complainant to sacrifice her son and pleaded that her problems will be solved if she does so. Kishan Lal Shastri gave a slap to the complainant Smt. Reena Chaudhary on her face. Other accused persons caught hold of the complainant and started beating her with kicks and fists. The complainant became unconscious. Her clothes were torn. The complainant sustained injuries by the beating of the accused persons. The accused persons were trying to abduct the complainant, but in the meanwhile, the husband of the complainant came to his house. Accused persons fled away from there while threatening the complainant and her husband with dire consequences.;


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