LAWS(UTN)-2010-8-66

MANOJ Vs. STATE OF UTTARANCHAL

Decided On August 02, 2010
MANOJ Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) Heard Mr. Tapan Singh, Advocate holding brief of Mr. Lok Pal Singh, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. MS Tyagi, Advocate for the respondent no.

(2.) This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the summoning order dated 22.7.2005 as well as the entire proceedings of Complaint Case No. 56/2004, Smt. Moorti v. Manoj & Ors. under Section 436/440/506 IPC pending in the Court of Judicial Magistrate, Laksar.

(3.) Facts, in brief, are that respondent no. 2 Smt. Moorti lodged an FIR with PS Laksar on 22.1.2004 at 3.30 pm with the averments that the petitioners set her hut on fire at 8 pm on 21.1.2004 when she was sitting in the hut along with her children and also threatened to teach her a lesson. Petitioners also committed marpit with her husband, who suffered fracture injury and got admitted in Roorkee Hospital. The complainant somehow managed to save herself and her children, but the household articles burnt in the said fire. Many people gathered there who put the fire off. The petitioners while leaving the place of occurrence also threatened her that next time she would be burnt alive. Therefore, the respondent no. 2 lodged the FIR against the petitioners. On the basis of this FIR, a case was registered against the petitioners. After the investigation, the I.O. submitted a final report and the respondent no. 2 filed a protest petition against it. Judicial Magistrate, Laksar vide order dated 18.2.2005 rejected the final report and the case was directed to be registered as a complainant case. Learned trial court after recording the statement of the complainant under Section 200 CrPC, came to the conclusion that a prima facie case under Section 436, 440, 506 IPC is made out against the petitioners and accordingly summoned them vide order dated 22.7.2005.