AMIT KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Criminal Miscellaneous Application, under Section 482 CrPC, has been preferred to quash and set aside the order dated 21.7.2018 passed by the Additional Chief Judicial Magistrate, Haridwar in Misc. Case No. 1520 of 2018 filed under Section 156(3) CrPC as well as the judgment and order dated 29.1.2019 passed by the 4th Additional Sessions Judge, Haridwar in Criminal Revision No. 521 of 2018.

(2.) Facts, in brief, are that the applicant filed an application under Section 156(3) CrPC before the Additional Chief Judicial Magistrate, Haridwar alleging that he had filed a complaint against the respondents 2 to 5 that they had made theft of stamp duty when they purchased a property in Haridwar and, on this complaint, the Additional District Magistrate (Finance and Revenue), Haridwar vide his order dated 5.3.2018 imposed penalty of rupees three lakhs on the said respondents for causing revenue loss to the State exchequer. Due to this, the said respondents nurtured enmity towards the applicant. At about 7.55 AM on 9.3.2018, the said respondents abused the applicant in the filthy language and when the applicant tried to stop them, the said respondents started beating the applicant and threatened him to remain prepared to face the dire consequences. On this application under Section 156(3) CrPC, the court below sought report from the police. The police reported that the applicant did not produce any independent witness of the alleged incident or any other medical report and recommended that there was no need of any further proceeding in the matter. Having received this report, the learned Additional Chief Judicial Magistrate, Haridwar vide impugned order dated 21.7.2018 admitted the case of the applicant as a complaint case and posted the matter for recording statement under Section 200 CrPC. Feeling aggrieved, the applicant assailed the order dated 21.7.2018 by filing Criminal Revision No. 521 of 2018, which was rejected by the 4th Additional Sessions Judge, Haridwar vide order dated 29.1.2019 and the order of the ACJM was affirmed. Hence, the applicant has filed the present Criminal Miscellaneous Application under Section 482 CrPC.

(3.) Respondents 2 to 5 filed counter affidavit and rebutted the allegations of the applicant. It has been stated in the counter affidavit that the said respondents did not cause any revenue loss to the State exchequer. However, on the complaint of the applicant, the Additional District Magistrate, vide order dated 5.3.2018, imposed the penalty on them for theft of the stamp duty and they filed an appeal against the said order which is pending before the Commissioner and there is also stay on the order dated 5.3.2018. The said respondents denied the incident of 9.3.2018, as alleged by the applicant and contended that the applicant concocted a false story merely to implicate them in a false case.