RAM BAHADUR THAPPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing the entire criminal proceedings of Criminal Case No. 702 of 2004 and setting aside the summoning order dated 17.9.2004 passed by Judicial Magistrate, Rudraprayag, under Sections 323, 504, 506 I.P.C.

(2.) Brief facts of the case are that a complaint under Sections 323, 452, 504, 506, 120-B I.P.C. was filed by respondent no. 3 against the petitioners before Judicial Magistrate, Rudraprayag, and on the basis thereof Criminal Complaint Case No. 702 of 2004 was registered against the petitioners. The statements of the complainant and one witness Puran Singh were recorded under Sections 200 and 202 Cr.P.C. The learned Magistrate having finding prima facie case against the petitioners took cognizance against the petitioners and summoned them vide order dated 17.9.2004. Being aggrieved, the petitioners have preferred the present petition under Section 482 Cr.P.C. before this Court.

(3.) Heard Mr. Rajendra Singh, learned counsel for the petitioners, Mr. S.S. Adhikari, learned A.G.A. for respondent nos. 1 & 2, Mr. Pankaj Purohit, learned counsel for respondent no. 3 and perused the record.