YOGESH SHARMA Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-12-99
HIGH COURT OF UTTARAKHAND
Decided on December 11,2013

YOGESH SHARMA Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the charge-sheet dated 14.04.2009, as well as entire proceedings of criminal case no. 97 of 2008, State vs Yogesh Sharma, under Sections 323, 504, 506 of IPC, pending in the court of III Addl. Chief Judicial Magistrate, Dehradun.
(2.) An FIR was lodged by the informant (respondent no. 2 herein) against two named accused, applicant being one of them, on 26.11.2008, at police station Rajpur, which was registered as case crime no. 97 of 2008, under Sections 406, 420, 323, 504, 506, 452 of IPC. After the investigation of the case, a charge-sheet was submitted against the present applicant under Sections 323, 504, 506 of IPC. Cognizance was taken on the said charge-sheet, and the accused-applicant was summoned to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) As per FIR, informant (respondent no. 2 herein) was a physician. Her father wanted to sell off his ancestral land, which was situated at 105, Rajpur Road, Dehradun, but the same could not be disposed of during his lifetime. The same was subsequently sold by informant s mother. Applicant was an Advocate, who was also involved in the business of property dealing. When applicant came to know that informant and her mother wanted to dispose of ancestral property, he contacted them. Applicant started visiting informant s house and developed cordial relations with the informant and her family members. Applicant respected the informant like his sister. Applicant sought loan from the informant from time to time, but did not repay the same. When the informant demanded the money back, applicant took one excuse or another. On 20.10.2008, at 07:30 P.M., applicant threatened the informant that he will not repay the loan amount given by her. Accused also threatened the informant s son, who was studying in Scholars Home at Dehradun. When informant demanded her money back, applicant threatened that he will get her and her family members killed by a goon. On 15.11.2008, at 08:00 A.M., applicant alongwith co-accused trespassed into informant s house, hurled abuses at her, assaulted her with kicks and fists and threatened her with dire consequences, if she dared to demand the money back. Another case under Section 392 of IPC was registered against the applicant in police station, Vasant Vihar. Informant also filed her injury report alongwith the complaint dated 17.11.2008.;


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