DEVENDRA SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>Dharam Veer, J.</DJG> Heard Mr. Arvind Vashistha, Advocate holding brief of Smt. Monika Pant, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. Sanjeev Singh, Advocate for the respondent no. 2.

(2.) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the entire proceedings of Criminal Case No. 589/2005 Ram Awatar Dutta v. Devendra Sharma & Ors. under Section 323, 452, 504, 506 IPC pending before the Judicial Magistrate, Haridwar and the summoning order dated 22.10.2005 passed in the said case against the petitioners.

(3.) Facts, in brief, are that the respondent no. 2 Ram Awatar Dutta filed a complaint against the petitioners before the Magistrate stating therein that petitioner no. 1 Devendra Sharma had cheated him of money by showing him a plot of which he was not the owner. On 31.8.2005 when the complainant demanded his money back from him, petitioner no. 1 Devendra Sharma became angry and at about 9 pm on that day, he along with other petitioners/accused intruded into the house of the complainant and threatened him for life and also committed marpit with him. The complainant identified them in the electric light. The said incident was also witnessed by Shyam Awatar and Asha Devi, who saved the complainant from the petitioners. The complainant received injuries in the said incident. Thereafter the complainant after getting himself medically examined went to the police station to lodge the FIR, but his report was not lodged by the police. Therefore, he filed this complaint before the Magistrate. The complainant/respondent no. 2 also received fracture injury in the said incident. Learned trial court after recording the statement of the complainant under Section 200 CrPC and the statements of the witnesses under Section 202 CrPC, came to the conclusion that a prima facie case is made out against the petitioners/accused and accordingly summoned them vide order dated 22.10.2005.