STATE OF UTTARANCHAL Vs. IBRAJ

JUDGEMENT

(1.) A criminal revision was preferred by the State of Uttarakhand against the impugned order dated 19.05.2006, passed by learned Addl. Sessions Judge / 4 th FTC, Haridwar, in criminal revision no. 211 of 2005, Ibraj vs State of Uttaranchal, whereby the order dated 01.06.2005, passed by learned Civil Judge (Junior Division) / Judicial Magistrate, Roorkee was set aside. Learned Magistrate vide order dated 01.06.2005 summoned the accused persons to face the trial in respect of offences punishable under Section 323, 504, 506 and 452 of IPC.

(2.) Accused Ibraj s/o Latur r/o Village Balawali, police station Khanpur, Tehsil Laksar, District Haridwar was to stand trial before learned Magistrate, Roorkee in connection with case no. 225 of 2004, captioned as Babu Ram vs Ved Pal and others, relating to police station Khanpur, District Haridwar under Sections 323, 504, 506 and 452 of IPC.

(3.) An application was presented before the learned Magistrate on behalf of the accused-respondent Ibraj that since the accused has been falsely implicated in the case due to enmity, therefore, he should be acquitted, in as much as there was no sufficient evidence against him. Learned Magistrate, vide order dated 01.06.2005 held, on the basis of statements of injured and the witness (PW2 Rishipal) under Section 245 of Cr.P.C., that a prima facie case was made out against the accused. Aggrieved against said order dated 01.06.2005, accused preferred criminal revision no. 211 of 2005, captioned as Ibraj vs State of Uttaranchal. The revision court, vide order dated 19.05.2006, allowed the criminal revision and set aside the order dated 01.06.2005.