MRADUL TRIPATHI ALIAS MONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Criminal Procedure Code, 1973 (for short, "the Code") has been preferred for quashing the charge-sheet dtd. 13/4/2017 as well as summoning order dtd. 29/7/2017, passed in Criminal Case No. 2721 of 2017, State v. Mradul Tripathi, under Ss. 147, 353 and 332 IPC by the court of Judicial Magistrate, Khatima, District Udham Singh Nagar (for short, "the case").

(2.) Facts necessary to appreciate the controversy briefly stated are as follows. An FIR was lodged by the respondent no. 2, Virendra Ramola, Senior Sub-Inspector Police (for short, "the informant") on 19/7/2017 under Ss. 147, 353, 332 IPC against the petitioners and others. According to the FIR, on that day, the informant had gone to assist the Encroachment Removal Drive. At 04 : 00 PM, on that day, when encroachment done by one Khempal was being removed, the petitioners obstructed the police personnel from discharging their official duties. In the scuffle, which ensued the informant and others were also assaulted, due to which, the informant also sustained nail scratches. The informant got himself medically examined. This FIR was investigated and after investigation, a charge-sheet was submitted against the petitioners. It is this charge-sheet, in which, on 29/7/2017, cognizance has been taken. These proceedings are impugned in this petition.

(3.) Heard learned counsel for the parties and perused the record.