JASHODA RANA; ATOL SINGH RAWAT Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-7-221
HIGH COURT OF UTTARAKHAND
Decided on July 30,2013

Jashoda Rana; Atol Singh Rawat Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 17.03.2008, passed by Chief Judicial Magistrate, Uttarkashi, whereby said Court has taken cognizance against the applicants in criminal case no. 269 of 2008, captioned as State vs Jaiveer Singh and others, under Sections 147, 148, 323, 353, 427, 307, 504, 506, 109, 149 of IPC, 7 Criminal Law (Amendment) Act and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered with police station Badkot, District Uttarkashi in case crime no. 510 of 2007.
(2.) Prosecution story is that on 30.10.2007, at about 07:00 P.M., the Sub Divisional Magistrate, Badkot, District Uttarkashi informed the Divisional Forest Officer, Upper Yamuna Forest Division, Badkot that he has seized a truck carrying woods of Banj and Burans and others and the truck has been brought by him to main entrance gate of Nagar Panchayat, Badkot. Upon this, the Divisional Forest Officer informed Mukesh Kumar, Up Prabhagiya Vanadhikari, Upper Yamuna Forest Division, Badkot, District Uttarkashi to do the necessary action and thereupon Mukesh Kumar and other forest officials reached at the spot, where Sub Divisional Magistrate, Badkot was present. Meanwhile, 50-60 persons, who assembled there, alongwith Smt. Jashoda Rana, Chairman, Nagar Panchayat, Badkot and one Sri Atol Rawat, who provoked the crowd, and the crowd, upon their provocation took away the truck from the site. Smt. Jashoda Rana and Atol Rawat kept on standing there in presence of Sub Divisional Magistrate, Badkot. While chasing the truck, the forest officials, at about 09:00 P.M., near Orsa Band captured the truck. In the meanwhile 8-10 accused persons reached at the spot and started beating, abusing and threatening the forest officials and as a consequence of which, the forest officials namely, Mukesh Kumar (informant), Budhi Singh Rana, Amrish Kumar got injured and later on medically examined by the Medical Officer of Primary Health Center, Naugaon, District Uttarkashi on 31.10.2007.
(3.) Learned counsel for the applicants placed a copy of the judgment rendered by learned Judicial Magistrate, Purola, District Uttarkashi on 05.04.2011 to show that co-accused persons were exonerated of the charges levelled against them in respect of Indian Forest Act. Since the proceedings of the said case were stayed by this Court against the present applicants under Section 482 of Cr.P.C., therefore, their case could not be disposed of. This Court held on 17th July 2013, that the case of the present applicants would have met the same fate, as was met by the co-accused persons. This Court, therefore, allowed the application under Section 482 of Cr.P.C. of the present applicants, wherein their summoning was challenged under different sections of the Indian Forest Act.;


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