HIGH COURT OF UTTARAKHAND
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U.C.DHYANI, J. -
(1.) SINCE the above applications under Section 482 Cr.P.C. arise out of the same impugned order, therefore, they are being
taken up together and decided by this common judgment and
(2.) THE accused -applicants (Dharmendra and Adarsh @ Sonu), by means of Application under Section 482 Cr.P.C. bearing no.
526/2010, seek to quash the summoning order dated 28.05.2010 passed by the Chief Judicial Magistrate, Haridwar in Criminal
Complaint Case No.5742 of 2009 titled as Dhani Ram vs. Rakesh
& others under Sections 323 & 504 IPC. The applicants also seek
to quash the proceedings of the aforementioned criminal
complaint case pending before the said court.
A criminal complaint was filed by the complainant (Dhani Ram) against 6 accused persons in the court of Chief Judicial
Magistrate, Haridwar. After recording of statement of Dhani
Ram (complainant) under Section 200 Cr.P.C. and statements of
the witnesses, namely, Ashok Kumar, Deshraj, Smt. Suresho,
Suresh, Noorhasan, Vinod Kumar, Vinay Kumar, Randhir Singh,
Ramesh Chandra and Bhoora under Section 202 Cr.P.C. and
after having found a prima facie case against the accused
(Dharmendra and Adarsh @ Sonu), the cognizance was taken by
the Chief Judicial Magistrate, vide order dated 28.05.2010 and
accused -applicants (Dharmendra and Adarsh @ Sonu) were
summoned to face the trial. Learned Magistrate, however, did
not summon other accused persons, namely, S.O. Rakesh Gusai,
S.I. Pradeep Kumar, Constable Ashwani Kumar and Constable
Lal Singh, by holding that the sanction under Section 197 Cr.P.C.
was required for the purpose of instituting a criminal complaint
case against them.
(3.) AGGRIEVED against the summoning order, application no.526/2010 under Section 482 Cr.P.C. was filed by the accused -
applicants (Dharmendra and Adarsh @ Sonu). Another
application under Section 482 Cr.P.C. bearing no.676/2010 was
filed by the complainant (Dhani Ram) for non -summoning of
S.O. Rakesh Gusai, S.I. Pradeep Kumar, Constable Ashwani
Kumar and Constable Lal Singh.;
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