TRIBHUVAN SINGH CHAMYAL AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-73
HIGH COURT OF UTTARAKHAND
Decided on December 05,2013

Tribhuvan Singh Chamyal And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present petition moved under Section 482 Cr. P.C., seek to quash the summoning order/charge-sheet dated 22.06.2010 (annexure-3 to the accompanying affidavit) as well as the proceedings of criminal case no. 246 of 2010, State vs. Tribhuvan Singh and others, under Sections 147, 353, 332, 427, 504 , 506 IPC and Section 3 (1) (X) of The Scheduled Casts and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of Chief Judicial Magistrate, Champawat, District Champawat.
(2.) The informant (respondent no. 2 herein) lodged a first information report against five accused persons (applicants herein) at PS Champawat on 27.02.2010, which was registered as case crime no. 02 of 2010, under Sections 147, 353, 333, 427, 504, 506 IPC and Section 3 (1) (X) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. After the investigation, charge-sheet was submitted against the accused persons for the self same offences. Cognizance was taken and the accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant, on 27.02.2010, at 1:40 pm, accused persons came to his wine shop and demanded wine without paying money. They were in drunken state. They pelted stones on the wine shop and broke a good number of wine bottles. PRD Costable Trilok Ram reached there. When he tried to intervene accused persons, they used casteist remarks and also assaulted him. Accused persons fled away from the place of incident thereafter. Prima facie case was therefore, made out against the accused persons for the offences for which they were charge-sheeted.;


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