PREM BATTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioners have sought quashing of the proceedings of criminal case No. 5818 of 2010 (old no. Misc. M 239 of 2009, 2598 of 2008 & 32 of 2007) State vs. Prem Chand & others, relating to offences punishable under section 384, 504, 506 I.P.C, and one punishable under section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Additional Chief Judicial Magistrate, III, Dehradun.

(3.) Learned counsel for the petitioners pointed out that on 15.05.2003, Ram Murti Batta (brother of the applicant No.1) lodged a first information report, relating to offence punishable under section 307 I.P.C., with police outpost Patel Nagar, Police Station Kotwali, Dehradun , against unknown persons after his brother was fired at and wounded. It appears that after investigating, a charge sheet was filed against five persons in said case on 20.07.2006, which included name of respondent no. 2 Jai Singh. It is pleaded on behalf of the petitioners that as a counter blast Jai Singh, accused of said case, implicating petitioner no. 1 Prem Batta (injured of the aforesaid case), petitioner no. 2 Lakshit Batta (eyewitness of the aforesaid case) and Pratap Singh Parwana, moved an application under section 156(3) of Cr.P.C., on the basis of which impugned criminal proceedings were initiated. It is further pleaded that it is abuse of process of law on the part of the complainant to implicate the three (including the petitioners) in the impugned criminal proceedings. It is also pointed out that after investigation, the Investigating Officer reported that no offence was made out, and final report was submitted. The trial court has summoned the petitioners and Pratap Singh Parwana on the protest petition, moved by respondent No. 2.