Decided on December 31,2013

Jageer Singh And Others Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 25.05.2009, as also the entire proceedings of criminal case no. 363 of 2009, under Sections 147, 148, 149, 323, 325 of IPC, relating to police station, Ramnagar, District Nainital, pending in the court of Judicial Magistrate, Ramnagar, District Nainital.
(2.) Informant (respondent no. 2 herein) lodged an FIR against five accused persons (applicants herein) on 29.03.2009, at police station, Ramnagar, which was registered as case crime no. 82 of 2009, under Sections 147, 148, 149, 323, 325 of IPC. After the investigation, a charge-sheet for the selfsame offences was filed against the accused persons. Cognizance was taken on the said charge-sheet and accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) The alleged incident took place on 24.03.2009, at 09:30 A.M. within the jurisdiction of police station, Ramnagar, District Nainital. It was alleged in the FIR that when the accused persons committed trespass and were trying to take forcible possession of the land of the informant and informant requested them not to do so, accused persons committed the offences complained of against them. It was alleged that accused no. 2 and 3 were armed with country made pistols and accused no. 1 was armed with gandasa (a heavy sharp edged weapon). Accused no. 4 and 5 were carrying sticks in their hands. They assaulted the informant and her family members. Informant s parents and younger sister bled and fell on the ground. Ambulance was called. The injured persons were taken to Govt. Hospital for their treatment. Informant and her family members were frightened to see the dare-devil act of the accused persons. The injury reports of Jageer Singh, Sandeep Kaur, Lado Bai, Paramjeet Kaur and Bachan Singh were also brought on record to indicate that they sustained injuries.;

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