MOHD. UMAR FAROOQ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in the petition is to the order of cognizance dated 20.11.2007 passed by Chief Judicial Magistrate, Udham Singh Nagar in criminal complaint case no. 4965 of 2007 titled as 'Satish Chandra Verma Vs. Farooq and others'. It has been prayed to quash the entire proceedings of the said criminal complaint case as well as cognizance order passed therein.

(2.) Having heard learned counsel for the parties, it transpires that allegedly an incident occurred on 27.05.2005, so an FIR was lodged by Harun Rehman (petitioner no. 2 herein) against Kuldeep Singh, Babli @ Virajman, Bheem Bahadur, Sher Bahadur, Satish Chandra and Keshav @ Raju for the offence under Sections 147, 148, 149, 307, 504, 506, 120-B IPC police station Kichha, District Udham Singh Nagar. Investigation in the matter culminated into submission of chargesheet against all the accused persons.

(3.) Another incident allegedly occurred on 30.09.2007 i.e. after quarter and two years of the earlier incident. This time, it was alleged by respondent no. 2 Satish Chandra Verma (he was accused in the FIR lodged by Harun Rehman) that he along with his friend Krishan Rathor went to the house of Rajendra Kumar Kalra (another friend) at Avas Vikas Colony. A repair work of the house was underway. Complainant (Satish Chandra Verma), after parking his motorcycle outside the house, went inside. While they were sitting inside the room and having refreshment, all the applicants abruptly came there with offending tenor armed with revolvers and guns in their hands. They shouted asking Mr. Kalra to send Satish Chandra Verma outside the house, so that they make take revenge of him but complainant did not come outside the house and therefore, accused persons entered in the house. Seeing this, respondent no. 2 sent Krishan Rathor to police station for extending this information of the incident and he confined himself in a room bolting it from inside. This way, he could save his life from assailing attitude of the accused persons. Thereafter, on 25.10.2007 he filed a complaint in the court of Chief Judicial Magistrate, Rudrapur wherein he was examined under Section 200 Cr.P.C. and his two witnesses Krishan Rathor and Rajendra Kumar Kalra were examined under Section 202 Cr.P.C. Both the witnesses supported the case, so learned Magistrate took cognizance of the matter and passed the impugned order.