JITENDAR SINGH S/O SRI DALIP SINGH Vs. STATE OF UTTARAKHAN THROUGH SECRETARY HOME, DEHRADUN AND SAMEER CHAND S/O LATE FATEH CHAND R/O WARD NO. 7, MAIN ROADIN FRONT OF HAJARI PETROLPUMP, GADARPURDISTRICT UDHAM SINGH NAGAR

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 5233 of 2007 Sameer Chand vs. Jitendar Singh and others, relating to offences punishable under section 324, 504 and 506 of I.P.C., Police Station Rudrapur, pending in the court of Chief Judicial Magistrate, Rudrapur.

(3.) I agree with the argument advanced on behalf of the petitioners. In the counter affidavit filed on behalf of the respondent no.2, it is not denied that the First Information Report was not lodged by him, and charge sheet was filed in it. Respondents fails to explain as to how the petitioners can be tried twice for the same offence. The subsequent trial is against the spirit contained in clause (2) of Article 20 of Constitution of India.