LAWS(UTN)-2010-6-77

ZAHEER HASAN Vs. STATE OF UTTARANCHAL

Decided On June 16, 2010
ZAHEER HASAN S/O ALI HASAN Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 558 of 2005; State Vs. Zaheer Hasan and others, relating to offences punishable under Section 147, 148, 324, 504, 506, 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, police station Bhagwanpur, District Haridwar, pending in the court of First Addl. Civil Judge (Junior Division) / Judicial Magistrate, Roorkee.

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) PERUSAL of the injury report, copy of which is Annexure 2 to the petition, shows that there is an incised wound on the person of the complainant, and there is also abrasion around her neck in an area of 15 cm X 2 cm, apart from the other injuries mentioned in the report. In the circumstances, this Court is not inclined to interfere with the trial of the petitioners, except petitioner No. 4 Mahboob (brother-in-law / NANDOI) and petitioner No. 5 Noor Hasan (uncle-in-law) of the complainant, regarding whom no specific role is said to have been assigned in the statement of the complainant. To the extent of these two accused it appears to be a case of abuse of process of law.