ANNAGPAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Mr. Tapan Singh, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. MS Tyagi, 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 petitioners have prayed for quashing the summoning order dated 30.8.2006 as well as the entire proceedings of Complaint Case No. 502/2005 Hukam Chand v. Annagpal & Ors. under Section 147/392/341 IPC pending in the Court of Judicial Magistrate, Laksar, District Haridwar.

(3.) Facts, in brief, are that the respondent no. 2 Hukam Chand lodged a complaint against the petitioners stating that petitioners have enmity with him and they want to grab his property. The complainant had sown cane in his field where the petitioners came at 8 am on 2.11.2005 and cut all the can crop worth Rs. 30,000/- from his field. The information of this incident was immediately given to the respondent no. 2 by Chatar and Jeet Singh. When the complainant went to his field along with the aforesaid witnesses, then the petitioners tied him with a tree and abused him and took all the cane crop from his field in a tractor. They also threatened the complainant not to inform the police otherwise they would kill him. Respondent no. 2 reported the said incident to the police but no action was taken. Thereafter he lodged the present complaint before the Magistrate. 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 under Section 147/392/341 IPC is made out against the petitioners and accordingly summoned them vide order dated 30.8.2006.