YUNUS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) Since the aforesaid applications under Section 482 Cr.P.C. arise out of the same chargesheet and summoning order, therefore, they are being decided by this common judgment for the sake of brevity and convenience.
(2.) An FIR was lodged by informant (respondent no.2 herein) against the accused applicants on 05.10.2008, which was registered as case crime no.396/2008 under Sections 420, 295 & 505 IPC, at police station Kotwali Manglore, Roorkee. After the investigation, a charge-sheet was submitted against the accused-applicants for the selfsame offences. The cognizance was taken by the Judicial Magistrate, Roorkee, vide order dated 09.09.2010 and applicants were summoned to face the trial. Aggrieved against the same, present applications under Section 482 Cr.P.C. were filed by the accused-applicants.
(3.) It was alleged in the FIR that the S.H.O. (respondent no.2 herein) came to know on 05.10.2008 at 10:30 PM that thousands of people, who belong to Muslim community, assembled at Akashdeep colony. The situation was tense. When the police Inspector reached on the spot, he was apprised with the fact that one Pritam purchased yet another piece of land adjacent to his own land. It was told to him that a mosque existed there. Irshad, Mobarik @ Bhura, Yunus Rao and Sajid got the sale-deed of the land executed in favour of Pritam. When Pritam came to know that the land belonged to mosque, he asked Irshad and others to refund his money. Pritam levelled allegations against them that they have cheated him. Irshad and others told Pritam that no mosque ever existed on the said place, it was a residential place, the same was in dilapidated condition and the same will be labelled. Irshad and others removed debris in the intervening night of 3/4.10.2008, which resulted in havoc and tension in the locality.;
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