ASHRAF Vs. STATE OF UTTARANCHAL AND ANOTHER

JUDGEMENT

(1.) At the very outset, it is pertinent to mention that none has turned up on behalf of respondent no. 2 Upendra Nath Soti, even in the revised call. He was not being represented hitherto for the last two previous dates too, so this Court rendered hearing to learned counsel for the applicant.

(2.) This Criminal Misc. Application has been moved under Section 482 Cr.P.C. to quash the order of cognizance dated 03.02.2005 passed by Judicial Magistrate, Haridwar in Criminal Case No. 1197 of 2004 titled as Upendra Nath Soti Vs. Ashraf.

(3.) The background facts of the case are that Upendra Nath Soti, who is a septuagenarian, filed the instant complaint on dated 22.12.2004 with the allegations that on 14.12.2004 at about 08.00 a.m., when he was leisurely sitting in his orchard situated in Mohalla Pandeywala, noticed a commotion in the corner of the grove. When he moved to that direction, he found that accused Ashraf and his companions were cutting trees of Poplar, Mango and Bamboo. When he (Upendra Nath Soti) prevented them to do so accused Ashraf hurled filthy abuses and assaulted him with baton. He was rescued by Madhukant Soti and Munshiram Vashisht, who were sitting beside him at the relevant time. Had these two witnesses not been present there, he would certainly be killed at the hands of accused Ashraf and his associates. Upendra Nath Soti sent an application to the Senior Superintendent of Police, Haridwar on 16.12.2004 through registered post narrating the entire incident but in vain, so he got himself medically examined on 17.12.2004 and filed the instant case.