LAWS(UTN)-2013-9-72

RENU PARGAI Vs. STATE OF UTTARAKHAND AND ANOTHER

Decided On September 25, 2013
Renu Pargai Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the criminal proceedings of Criminal Case No. 2424 of 2009, State vs. Renu Pargai, under Sections 323, 504 and 506 IPC, pending before the Chief Judicial Magistrate, Udham Singh Nagar.

(2.) A first information report was lodged by the informant/respondent no. 2 against the accused-applicant on 21.05.2009 at PS Kichha, District Udham Singh Nagar, under Sections 323, 504 and 506 IPC. After the investigation, a charge-sheet was submitted against the accused-applicant for the selfsame offences. Cognizance was taken by the learned C.J.M., Udham Singh Nagar and the accused-applicant was summoned to face the trial. Aggrieved against the cognizance and summoning order, present application under Section 482 Cr.P.C. was moved.

(3.) It was alleged by the informant that his wife was posted as Head Mistress in the Primary School, Kichha. On 20.05.2009, at 7:30 a.m., when informant s wife was sitting in her office, accused-applicant, who was a Teacher in the said school, hurled abuses at her (Hemlata Verma). Accused-applicant also assaulted Hemlata Verma, as a consequence of which, she sustained injuries on her head and she became unconscious. Accused-applicant also threatened her with dire consequences. The injury report of Hemlata Verma is also brought on record (annexure 3 to the petition). Counter affidavits are also filed by the respondents to negate the assertions made by the applicant.