Decided on December 27,2013

Ramesh Tanwar Appellant
BALKAR SINGH Respondents


- (1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the cognizance order dated 07.12.2009 and summoning order dated 24.05.2010 (annexure 6 & 7) passed by Additional Judicial Magistrate, Khatima in Criminal Case No. 1530 of 2009, captioned as Balkar Singh vs. Ramesh Tanwar and others, under Sections 147, 148, 323, 427, 452, 504 and 506 IPC as well as the entire proceedings of the said case.
(2.) Complainant (respondent herein) filed a criminal complaint case against five named accused including the applicant in the Court of Additional Judicial Magistrate, Khatima. Statement of the complainant was recorded under Section 200 Cr.P.C. Statements of Kripal Singh, Mahendra Singh, Rajveer Singh and Nirmal Singh were recorded under Section 202 Cr.P.C. Certain documents were also filed by the complainant. After having found a prima facie case against the accused persons, they were summoned to face the trial for the offences under Sections 147, 148, 323, 427, 452, 504 and 506 IPC, vide order dated 07.12.2009 passed by learned Additional Judicial Magistrate, Khatima. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by one of them, i.e., applicant Ramesh Tanwar, who was Sub-Inspector posted in Sitarganj Police Station at the relevant point of time.
(3.) According to the complainant, on 13.07.2009, at 4:30 am, accused persons including the applicant, who was posted in a chowki Saktiform, trespassed into the complainant s house, caught hold of complainant s sister, made indecent gestures, started destroying house hold goods, looted Rs. 2,000/- and when the complainant resisted the same, they assaulted the complainant s mother, father, grandmother and sister with the butt of gun. As a consequence of which, they sustained injuries. Complainant s mother felt unconscious. Upon raising the alarm, the neighbourers assembled and saved the complainant and his family members. Accused persons threatened to kill them in the encounter. Complainant went to Sitarganj, but his report could not be lodged. Complainant made a complaint of the incident to the Governor and State Police Complaint Authority as also DIG and SSP, Udham Singh Nagar. The injured also went to the hospital for treatment of their injuries. Complaint story was supported by Balkar Singh under Section 200 Cr.P.C. Kripal Singh, Mahendra Singh, Rajveer Singh and Nirmal Singh supported the statements of the complainant under Section 202 Cr.P.C. A prima facie case against them for the offences complained against them was, therefore, made out. Foundation of criminal offences was, therefore, laid.;

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