FARID AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-9-41
HIGH COURT OF UTTARAKHAND
Decided on September 03,2013

Farid And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the impugned order dated 13.10.2008, passed by Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, in Criminal Case No. 1797 of 2008, Babbu Qureshi vs. Farid & others, under Sections 452, 323, 506 IPC and also to quash the entire proceeding of the said Criminal Case.
(2.) Taking recourse to Section 156 (3) Cr.P.C., respondent no. 2 lodged a first information report against five accused persons on 03.06.2008, under Sections 147, 148, 452, 323, 504 and 506 IPC. After the investigation, the Investigation Officer submitted a final report on the same. Protest petition was moved by the complainant, which was registered as criminal complaint case. Statements under Sections 200 and 202 Cr.P.C. were recorded. Thereafter accused Farid, Abid and Wajid were summoned to face the trial for the offences punishable under Sections 452, 323, and 506 IPC, vide order dated 13.10.2008 passed by learned Additional Chief Judicial Magistrate. Aggrieved against the same, present petition under Section 482 Cr. P.C. was filed
(3.) Respondent no. 2 gave his statement under Section 200 Cr.P.C. and named Wajid, Huma, Farid, Abid and Nazakat Husain in the commission of crime. His wife Sitara was allegedly beaten by the accused persons. His wife disclosed the incident to respondent no. 2, on the basis of which criminal law was set into motion. Injured Sitara said that Abid, Wajid and Farid assaulted her with iron rod after they trespassed into her house. They also threatened her with dire consequences. Another witness Deepak Kashyap also named Farid, Nazakat, Abid and Huma, who trespassed into her house and threatened her with dire consequences.;


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