DIWAN SINGH S/O SHER SINGH AND ORS. Vs. STATE OF UTTARKHAND THROUGH SECRETARY HOME, UTTARAKHAND SASHAN DEHRADUN AND SMT. BASANTI DEVI W/O BISHAN SINGH R/O VILLAGE DHAMAS (KUMEDHAR) P.O. & PATWARI KSHETRA DHAMAS TEHSIL & DISTRICT ALMORA

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. 183 of 2010, Smt Basanti Devi vs. Sher Singh and others relating to offences punishable under section 435, 504, 506 and 427 I.P.C, pending in the court of Chief Judicial Magistrate, Almora.

(3.) WHAT has been pleaded by the petitioners is supported by certified copies of the orders passed by Sub Divisional Magistrate, Almora, Additional Commissioner (Judicial) Kumaun Division, and warrant of possession issued by Assistant Commissioner Almora, and the memo of possession which are annexed as annexure 1 to 4 to the petition. The respondent No. 2 Smt Basanti Devi even after notice was served on her, has not turned up to controvert the above facts and the certified copies of the documents mentioned above showing that infact it was the under due process of law that the petitioners No. 1 to 5 were given to the possession of land in question, and the complainant and his family members were dispossessed from it. In the criminal complaint the complainant has alleged that complainant and his family members were forcibly dispossessed from the land.