AJIT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Mr. Rahul Consul, Advocate for the petitioners and Mr. Amit Bhatt, Addl. GA for the State.

(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 18.7.2001 as well as the entire proceedings of Criminal Case No. 1551/1998 Ramsukh v. Ajit Singhl & Ors. under Section 323, 504, 506 IPC pending in the Court of Chief Judicial Magistrate, Dehradun.

(3.) Facts, in brief, are that the respondent no. 2 Ramsukh lodged a complaint against the petitioners alleging that on 2.11.1998 when he reached Ward No. 10, Niranjanpur, Rajeev Nagar for preparing the voter list of Ward No. 9 & 10, the petitioners and their other accomplice pelted stones at them. It was further alleged that when one Puran Bahadur tried to save the respondent no. 2 from the wrath of the petitioners he too sustained injuries. The petitioners also abused the respondent no. 2 and threatened him for life. It was further alleged that the petitioners also tried to snatch the firearm of his security guard. It was only on the intervention of few responsible locals which saved the day for the respondent no. 2. Police refused to lodge the FIR, hence the respondent no. 2 filed the instant complaint. 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 323, 504, 506 IPC is made out against the petitioners and accordingly summoned them vide order dated 18.7.2001. Learned Counsel for the petitioners argued that petitioners have been falsely implicated in this case. I do not find any force in the argument of learned Counsel for the petitioners due to the reasons that averments made in the complaint are corroborated by the statement of the complainant under Section 200 CrPC and the statements of the witnesses under Section 202 CrPC and other documentary evidence produced by the complainant.