MAJOR BIRENDRA SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to the summoning order dtd. 20/9/2018, passed in Criminal Case No.4698 of 2018, State of Uttarakhand vs. Birendra Singh Negi, under Ss. 323, 354, 504 IPC, passed by the court of Additional Chief Judicial Magistrate (I), Dehradun (for short, "the case") as well as the entire proceedings of the case.

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

(3.) The respondent no.2 ("the informant") filed an FIR on 28/1/2018, under Ss. 323, 354, 504, 120B IPC, Police Station Patel Nagar, Dehradun, District Dehradun against the petitioner. According to it, the informant had taken a restaurant on lease but, the landlord had taken possession of it along with the goods of the informant. On 27/1/2018 at 04:30 PM, when the informant wanted to speak to the petitioner with regard to the restaurant, she was abused by the petitioner. The petitioner also did maar peet and tried to outrage her modesty. After investigation, charge-sheet was submitted and cognizance taken on 20/9/2018, which is the basis of the case. It is impugned herein.