ALOK DHAR JUYAL (RETD ) Vs. SHAILENDRA DUTT MAMGAI
LAWS(UTN)-2013-10-90
HIGH COURT OF UTTARAKHAND
Decided on October 22,2013

Alok Dhar Juyal (Retd ) Appellant
VERSUS
Shailendra Dutt Mamgai Respondents

JUDGEMENT

- (1.) The applicant, by means of present petition/application moved under Section 482 Cr.P.C., seeks to quash the entire proceedings of criminal complaint case no. 5061 of 2011 (369 of 2011) Shailendra Dutt Mamgai vs. Alok Dhar Juyal, under Sections 323, 504 and 506 IPC, pending before the Court of Judicial Magistrate 1st, Dehraudun.
(2.) A criminal complaint case was filed by the complainant-respondent against the accused-applicant in the Court of Special Judicial Magistrate, Dehradun for the offences punishable under Sections 323, 504 and 506 IPC. The complainant-respondent gave her statement under Section 200 Cr.P.C. Smt. Priti Mamgai was examined under Section 202 Cr.P.C. Having found a prima facie case against the accused-applicant, he was summoned the face the trial for the offence punishable under Sections 323, 504 and 506 (ii) of IPC. There appears to be no illegality in the impugned order under challenge. On the basis of the statements of complainant and his wife on oath, learned Special Judicial Magistrate 1st, Dehradun rightly found that there is sufficient ground to proceed against the accused for having voluntarily caused them for provoking breach of peace and threatening the complainant with dire consequences.
(3.) It was alleged that the accused, in connivance with his brother and bearing animosity with the complainant because he (complainant) did not want to sell his agricultural land to him, came to his house on 15.11.2010 at 8:30 a.m. and falsely charged him that he has uttered wrong and on this pretext, he himself abused, threatened to break his hands and legs, as well as to kill him and assaulted him. When the complainants, old wife aged 60 years intervened, the accused pushed her and also threatened her. The complainant reported this incident to Police Station Kotwali, but when no action was taken, then he filed an application under Section 156 (3) Cr.P.C. which application was rejected. A criminal revision was preferred against the same, which too was dismissed. The complainant then had no option but to file the Criminal Complaint Case. The complainant and the accused are closely related to each other.;


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