GURCHARAN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the proceedings of Criminal Case no.2 of 2009 titled as State vs. Gurcharan Singh & others under Sections 145 / 146 Cr.P.C. pending in the court of Sub-Divisional Magistrate, Jaspur / Kashipur, District Udham Singh Nagar.

(2.) On the basis of a report dated 19.04.2009 at Police Station Jaspur, the Sub Divisional Magistrate (S.D.M.), Kashipur / Jaspur passed a preliminary order under Section 145 (1) Cr.P.C. in respect of land situated in Village Amiawala, Police Station & Tehsil Jaspur, District Udham Singh Nagar. Gurucharan Singh and Swaran Singh were the first party and Kripal Singh alongwith Gurdayal was the second party. According to the S.D.M., the dispute between the parties was likely to cause a breach of peace. He, therefore, passed a preliminary order under Section 145 (1) Cr.P.C.

(3.) Aggrieved against the same, present application/petition was moved.