SUSHMA SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the proceedings of Crl. Case No. 4729/2004, State v. Ashotosh Sharma and Ors., pending before the J.M. CBI, Dehradun, Under Section 323/504/506 IPC and one punishable under Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter to be referred as the SC/ST Act].

(2.) Heard learned Counsel for the parties and perused the material on record.

(3.) In nutshell, the prosecution case is that the Petitioners had thrown the soil on the way as a result of which the rainy water came inside the house of complainant and when she enquired about the same from the Petitioners, on 13.8.2004 at about 7.30 PM, the Petitioners beaten the complainant Smt. Simlesh Singh by fists and kicks and also uttered caste indicated words and at that time Ved Prakash Sharma and his wife were standing, who intervened in the matter and the Petitioners while going also threatened the complainant to his life. Thereafter the matter was investigated and after completing the investigation, the charge sheet was filed against the Petitioners, on the basis of which learned J.M. CBI, Dehradun vide order dated 25.11.2004 took cognizance and summoned the Petitioners Under Section 323/504/506 IPC and 3(1)(x) of the SC/ST Act. Hence this petition assailing the entire proceedings.