DR. D.N. YADAV Vs. HEM CHANDRA CHAUDHARY

JUDGEMENT

(1.) BY way of this criminal miscellaneous application moved u/s 482 Cr.P.C., the prayer has been made to quash the entire proceedings of complaint Case no.134 of 2009, Hem Chandra Chaudhary v. Daleep Singh and another pending in the court of Judicial Magistrate, Ranikhet, District Almora. In the said complaint case, the order of cognizance dated 4.8.2009 was passed for the offence of Sections 323, 504 and 506 IPC, asking the accused Daleep Singh Bisht and Dr. D.N. Yadav (petitioner) to stand for trial. The prayer has also been made to quash the said order of cognizance.

(2.) THE background facts in the pivot of the entire controversy are that opposite party -Hem Chandra Chaudhary is the elected vice president of the Cantonment Board, Ranikhet while the petitioner is the Defence Estate Officer, Bareilly Circle, Bareilly Cantt. and Sri Daleep Singh Bisht is the Junior Engineer of the Cantonment Board posted at Ranikhet. This Bareilly Cantonment covers the military area of Ranikhet. On the fateful day of incident dated 29.10.2008, the Principal Director, Defence Estate, Central Command, Lucknow was on inspection at Ranikhet Cantt. accompanied by petitioner Dr. D.N. Yadav, Defence Estate Officer, Bareilly. They along with Daleep Singh Bisht went for the inspection of Ashiyana Park situated in Cantt. area. Meanwhile, Hem Chandra Chaudhary came there and began to insult the Principal Director impeding in his inspection work. He went to the extent of dragging the Director (would be a very senior commissioned officer of the Army) and began to assault him. Sri Daleep Singh Bisht and petitioner Dr. D.N. Yadav naturally had to rush up for the rescue of Principal Director and in that course, they suffered serious injuries. Hem Chandra Chaudhary tore the clothes of Sri Daleep Singh Bisht and threatened to kill him in future. Taking the recourse of law, Daleep Singh Bisht lodged an FIR in the Cantt. police station which bore the crime no.936/2008 against Hem Chandra Chaudhary. The same was lodged for the offence of Sections 323, 325 and 506 IPC, wherein after investigation, a chargesheet no.16 of 2008 was submitted by police on 24.11.2008. This chargesheet was challenged before this Court by filing a criminal miscellaneous application no.922 of 2010 by Hem Chandra Chaudhary, but the same was dismissed on merits by the Court on 27.9.2010. The order of dismissal is annexure as annexure 3 to the counter affidavit filed by Hem Chandra Chaudhary.

(3.) THE said order of cognizance is under challenge in this petition by Dr. D.N. Yadav only while Daleep Singh Bisht has not challenged the same.