LAWS(UTN)-2012-3-49

SHARAVAN SINGH Vs. STATE OF UTTARANCHAL AND OTHERS

Decided On March 13, 2012
Sharavan Singh Appellant
V/S
State of Uttaranchal and others Respondents

JUDGEMENT

(1.) BY means of this petition under Section 482 Cr.P.C. a prayer has been made to quash the judgment and order dated 18.10.2006 passed by learned Sessions Judge, Haridwar while adjudicating Criminal Revision No. 354 of 2006. It is pertinent to mention that private respondents No. 2 to 4 have been served sufficiently but none has turned up on their behalf, so this Court has rendered hearing to Learned Counsel for the petitioner and learned Brief Holder for the State. Background facts of the case are that petitioner Sharavan Singh moved an application before Chief Judicial Magistrate, Haridwar under Section 156(3) Cr.P.C. seeking for registration and investigation of a case pertaining to criminal incident happened with him on 03.09.2006 allegedly committed by private respondent nos. 2 to 4. Learned Magistrate directed the police concerned to register a case in appropriate sections of the Indian Penal Code and investigate the same. Police accordingly registered a case and started investigation, which ended in submission of charge sheet dated 05.10.2006 for the offence under Section 356, 504, 506 IPC against the private respondents No. 2 to 4.

(2.) AFTER registration of the case at Police Station Kashmir Singh (respondent No. 2) and his two associates filed a criminal revision No. 354 of 2006 in the court of Sessions Judge, Haridwar which was adjudicated on 18.10.2006 in affirmation and the order dated 13.09.2006 passed by the learned Chief Judicial Magistrate was set aside. Feeling aggrieved, petitioner has come up through this petition before this Court.