RAM SUKH Vs. STATE OF UTTARANCHAL AND ANR.

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, moved under Section 482 Code of Criminal Procedure, the applicant has prayed for quashing the entire proceedings of Criminal Case No. 390/2004, Ram Sukh v. State of Uttaranchal and Ors., under Section 147, 336, 353, 332 Indian Penal Code, pending before the court of Judicial Magistrate, Dehradun.

(2.) THE factual background relating to this case is that an incident occurred on 18.2.2003 in the city of Dehradun, for which an FIR was lodged on the same day. The FIR discloses that the applicant Ram Sukh, who is a Corporator in the Nagar Nigam, Dehradun, took some other persons, namely, Nanhe, Harun, Farukh, Yunus and about 50 others along with him to oppose the removing of encroachment made over the land of Nagar Nigam, Dehradun at the bank of local river which flows in the vicinity of residential colony Lohia Nagar and Mahboob colony. These persons, under the leadership and at the exhortion of the applicant Ram Sukh, pelted stones upon the officials of Nagar Nigam as well as upon the police officials, who were engaged in removing the said encroachment. This act of the applicant and his companions caused injuries to Madan Gopal Singh, Inspector as well as Darshan Keshwal, an official of Nagar Nigam. Hence, an FIR was lodged. After investigation, the chargesheet was submitted against the applicant Ram Sukh and Ors. for the offences as stated above. Hence, the instant petition.

(3.) IT would be worth mentioning at the very outset that the applicant has not enclosed any papers of the criminal proceedings sought to be quashed. Copies of chargesheet, summoning order or any other proceedings of the trial court have not been enclosed with the petition. Even then, in the interest of justice, this Court considered the case of the applicant and the submissions advanced by the learned Counsel on behalf of the applicant.