PARAMJEET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973, (for short Cr.P.C,) the petitioner has sought quashing of the proceedings of criminal case No. 2129 of 2008, Amul Vishwash vs. Jai Dev & others, relating to offences punishable under section 302, 328 I.P.C, P.S. Haldwani, pending in the court of Chief Judicial Magistrate, Nainital.

(3.) Learned counsel for the petitioners submitted that after the death of one Rakesh, a first information report was lodged by the complainant Amul Vishwash, which was registered as crime no. 1619 of 2007, relating to offences punishable under section 328, 302 I.P.C, against the petitioners. However, after investigation, the police submitted final report, as it found that the deceased had committed suicide. It is contended that the Magistrate has committed grave error of law in summoning the petitioners by entertaining the protest petition as criminal complaint.