DHARMENDRA Vs. DHANI RAM
LAWS(UTN)-2013-12-14
HIGH COURT OF UTTARAKHAND
Decided on December 04,2013

DHARMENDRA Appellant
VERSUS
DHANI RAM Respondents

JUDGEMENT

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 order.
(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.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.