VISHAL AND THREE OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-11-105
HIGH COURT OF UTTARAKHAND
Decided on November 26,2013

Vishal And Three Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present petition/application moved under Section 482 Cr.P.C., seek to quash the order dated 09.10.2009 (annexure 13) passed in Complaint Case No. 114 of 2009, captioned as Tejpal Singh vs. Vishal and others, pending before the Judicial Magistrate, Laksar, District Haridwar.
(2.) A criminal complaint case was filed by the complainant (respondent no. 2 herein) against four accused persons (applicants herein) in the Court of Judicial Magistrate, Laksar on 31.01.2009. Statement of the complainant under Section 200 Cr.P.C. was recorded. Statements of Jasveer Singh and Ajeet Singh were recorded under Section 202 Cr.P.C. Learned Judicial Magistrate did not find sufficient ground for proceeding and hence dismissed the complaint under Section 203 Cr.P.C. vide order dated 24.03.2009. Aggrieved against the same, a Criminal Revision was preferred by the complainant, which was allowed and the matter was remitted back by learned Additional Sessions Judge/FTC-4, vide order dated 06.08.2009. Learned trial court was directed to consider the matter afresh in view of the observations made by the revisional court in the body of judgment. Subsequent thereto, a fresh order was passed by learned Judicial Magistrate, Laksar on 09.10.2009. Having found a prima facie case against the accused persons, they were summoned to face the trial for the offences punishable under Sections 435 and 504 IPC. Aggrieved against the impugned order dated 09.10.2009, present Application under Section 482 Cr.P.C. was filed.
(3.) The complainant, in his complaint, alleged that on 05.01.2009, at 4:00 p.m., when he was sitting in his drawing room, accused persons hurled abuses at him. They started digging the field of the complainant. Complainant refrained them from doing so, but the accused persons pushed him aside and again hurled abuses at him and set the agricultural implements and other properties of the complainant on fire. The accused persons wanted to take forcible possession of the land of the complainant. When the complainant raised alarm, Sureshpal, Jasveer, Sukhbeer and Ajeet arrived at the place of incident. Fire brigade was called and fire was extinguished. Initially, the accused persons talked about compromise, which failed. Complainant reported the incident to PS Laksar, but no action was taken by the police, hence the complaint. Eye witnesses Tejpal, Jasveer Singh and Ajeet Singh deposed under Section 202 Cr.P.C. and supported the complaint- story.;


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