PREM BALA SAINI Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-4-74
HIGH COURT OF UTTARAKHAND
Decided on April 03,2013

Prem Bala Saini Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) A first information report was lodged by Dr. D.K.Chakrapani against seven accused persons, the applicant being one of them, on 110.09.2009 in PS Kotwali Gangnahar, Roorkee, District Haridwar, which was registered as case crime no. 249 of 2009 under Sections 147, 148, 323 IPC. The incident was alleged to have taken place on 03.09.2009, at 5:15 p.m. The allegations against the accused persons, in nutshell, were that they caused the obstruction in the Government duties and attacked the informant whereby he (informant) sustained multiple injuries. The accused persons committed the offence in furtherance of their common intention.
(2.) On the basis of said first information report, the investigation started and the charge-sheet was submitted against all seven named accused persons. They are facing trial in the Court of Judicial Magistrate at Roorkee.
(3.) A cross first information report was lodged by Smt. Prem Bala Saini (applicant) against respondent no. 2 Dr. D.K.Chakrapani and two other people on 11.09.2009 in PS Gang Nahar which was registered as case crime no. 250 of 2009 under Sections 323, 354, 504 and 506 IPC. The incident was alleged to have taken place on 03.09.2009. After the investigation, Final Report was submitted by the Investigating Officer on 16.12.2009. On the basis of Protest-Petition filed by the applicant Smt. Prem Bala Saini, the accused persons were summoned to face the trial for the offences which were indicated in the first information report. It is submitted by the learned counsel for the applicant Smt. Prem Bala Saini that respondent no. 2 Dr. D.K.Chakrapani (Medical Officer) has not put in his appearance before the Court below.;


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