GURBACHAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioner has sought quashing of the proceedings of Criminal Case No. 350 of 2006 State vs. Gurbachan Singh, relating to offences punishable under section 323, 326, 504, 506 I.P.C., and one punishable under section 3 (I) (x) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989, police station Sitarganj, pending in the court of Judicial Magistrate, Khatima.

(2.) Heard the petitioner in person and learned counsel for the State. No one turned up on behalf of the complainant.

(3.) Brief facts of the case are that a First Information Report (copy annexure-2) was lodged by respondent no.2 Mahendra against the petitioner Gurbachan Singh and two others, alleging that on 01.02.2006 the petitioner along with three persons came to the house of his brother Sardar Jarnail Singh and committed "MARPEET" with the complainant, who was the servant of Jarnail Singh. It is further alleged that in the incident the complainant suffered injuries and his one tooth got broken. The complainant has further pleaded in the report that he is member of Scheduled Caste. On the basis of said report the police registered crime no. 114 of 2006 relating to offence punishable under section 323, 326, 504, 506 I.P.C and one punishable under section 3 (i) (x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989. After investigation charge sheet appear to have filed against the petitioner for its trial in respect of offence punishable under section 323, 326, 504, 506 I.P.C and one punishable under section 3 (i) (x) of S.C & S.T (Prevention of Atrocities) Act 1989. Hence this petition.