PRABHAKAR SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order-dated 18.5.2005 passed by CJM, Haridwar and also to quash the proceedings of the Case No.1800/2005, State Vs. Dinesh & others, U/s 452/323/ 504/506 IPC and 3(1)(x) of SC/ST Act.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that an application was preferred by the respondent no.3-Babul Singh before the Scheduled Castes & Scheduled Tribes Commission, Uttaranchal, Dehradun stating therein that he is a member of scheduled caste and he does the work of construction of buildings. As per the agreement dated 27.1.2004 entered between the complainant and the petitioner-Prabhakar Sharma and co-accused Dinesh Kumar Sharma, he took the contract of constructing the building at Haridwar belonging to the petitioner and co- accused. Out of that work, an amount of Rs.2,24,840/- was due against the petitioner and co-accused and whenever he demanded the money from the accused persons, they made him run away on the one pretext or another. On 3.8.2004 at about 8 AM when the complainant was sitting in his house, then the petitioner along with co-accused and other persons entered inside his house with intention to kill him. As soon as the complainant asked them to sit, on that the co-accused Dinesh Sharma became furious and started hurling filthy abuses and thereafter he started beating him with legs, fists and kicks. Soon thereafter, the petitioner brought an iron rod from his car and beaten him with that rod due to which he sustained serious injuries. Thereafter, the accused persons brought him outside while dragging and by threatening him to his life, hurled filthy abuses and also uttered caste indicated words. On the noise raised by the complainant, other persons including Vinod Kumar, Nitesh Kumar, Baljit Singh, Harish Goyal arrived there who somehow got managed to leave the complainant from the petitioner and co-accused otherwise the complainant would have been killed by the accused persons. Thereafter, the complainant got himself medically examined and when he went to lodge the report, his report was not lodged in the police station and thereafter also he made several efforts to lodge the case against the accused but all were in vail, hence he lodged the instant application before the Scheduled Castes & Scheduled Tribes Commission, Uttaranchal, Dehradun, on the basis of which the case was registered against the accused persons. Thereafter the matter was investigated and during investigation, the I.O. collected the evidence against the petitioners and other co- accused and filed the charge sheet against them before the court concerned. Thereafter, the learned Magistrate after analyzing the entire facts and circumstances of the case, took cognizance and proceeded to summon the petitioner and co-accused u/s 452/323/504/506 IPC and 3(1)(10) of SC/ST Act vide order dated 18.05.2005. Feeling aggrieved, the petitioner has filed this application.