SURENDRA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, prayer has been made to quash the Criminal Case No. 5340/2007, Shyam Baba v. Surendra Sharma & Others. In the said case, the learned Judicial Magistrate (CBI), Dehradun, by the order dated 6.9.2007, has summoned five accused persons including the present four applicants petitioners, namely, Surendra Sharma, Jaikab Massy, Prem Massy and Naval Kishore Sharma to stand trial for the offences of Section 427, 504, 506 IPC.

(2.) THE background facts qua controversy are that private opposite party Shyam Baba moved an application under Section 156(3) CrPC on 12.4.2005 against seven accused persons including the petitioners. The dispute revolves around a property ad measuring 4 bighas situated at Raipur Road, Dehradun. That property initially was purchased by Smt. Kashimani whose daughter Smt. Shakuntala Devi authorized the complainant to move the aforesaid application dated 12.4.2005 wherein a number of allegations have been made against the petitioners regarding the quarrel which took place between the parties. It was also alleged that the petitioners damaged the property of Smt. Shakuntala Devi in her absence and also destroyed a private temple and some silver utensils.

(3.) AFTER considering the statements of Shyam Baba made under Section 200 CrPC and his witness Smt. Priyanka Sharma under Section 202 CrPC, the learned Magistrate passed the impugned order of cognizance dated