SUBHASH TANEJA AND 11 ORS. Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME, GOVERNMENT OF UTTARAKHAND AND

JUDGEMENT

(1.) BY means of this petition, moved Under Section 482 of Code of Criminal procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 411 of 2010 State v. Subhash Taneja and Ors. relating to offences punishable under Section 147, 149, 323, 504, 427, 436 of I.P.C., pending in the court of Judicial Magistrate Rudrapur.

(2.) HEARD learned Counsel for the parties and perused the affidavits on record.

(3.) BRIEF facts of the case are that there after a T -20 final cricket match in which India won against Pakistan, it is said that a procession was taken out which went towards the mosque and the Muslim dominated market in Rudrapur. It is further alleged that the procession damaged the property of members of particular community. Petitioners who are 12 in number have come up before this Court for quashing of the criminal proceedings. However, considering the nature of the offence, it is not desirable on the part of this Court to quash the proceedings merely on the basis of the affidavits filed on behalf of the witnesses. It is left open to the trial court to decide whether witnesses are supporting prosecution or not.