KUNDAN SINGH BATHYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioners/applicants have sought quashing of the charge sheet no.1/2005 dated 16.6.2006 P.S. Thal, District Pithoragarh, under Sections 324, 504, 506, 147 of the Indian Penal Code, 1860 (for short, IPC) and Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act) as well as quashing of the entire proceedings arising out on the basis of said charge sheet.

(2.) Heard learned counsel for the parties and perused the affidavit and counter affidavit.

(3.) Brief facts of the case are that respondent no.2 Smt. Devki Devi moved an application u/s 156(3) of Cr.P.C. against the present applicants and three others with the allegations that on 25.10.2004 when the son of respondent no.2/complainant had gone to watch Ramleela at about 8 PM, co-accused Bhupendra Singh, Dan Singh and Naveen Chandra beaten him and used caste indicating words. It is further alleged that, on receiving the information, when the complainant and her family members reached at the place of occurrence, the present applicants, namely, Kundan Singh and Smt. Hansa Devi pounced upon them and started committing marpeet with them. With these averments, respondent no.2 Smt. Devki Devi moved an application u/s 156(3), on the basis of which, a case crime no.186-A of 2004 was registered against the applicants under Sections 324, 504, 506, 147 of IPC and Sect.3(1)(x) of Act. After lodging of the FIR, the matter was investigated and, on completion of investigation, the I.O. submitted charge sheet against the applicants u/Ss 324, 504, 506, 147 IPC and Section 3(1)(x) of the Act in the court, on the basis of which, learned Judicial Magistrate took cognizance of the offence against the applicants and subsequently criminal proceedings were initiated against them. Against the said charge sheet and the criminal proceedings, the applicants have preferred the present application u/s 482 of Cr.P.C. before this Court.