LAWS(UTN)-2013-9-76

ASHOK SINGH AND OTHERS Vs. NANDI GOSWAMI

Decided On September 26, 2013
Ashok Singh and others Appellant
V/S
Nandi Goswami Respondents

JUDGEMENT

(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the impugned order dated 04.11.2009 (Annexure 7), passed by learned Sessions Judge, Almora, in Criminal Revision No. 42 of 2009, Smt. Nandi Goswami vs. State of Uttarakhand as well as the proceedings of Criminal Case No. 433 of 2009, Smt. Nandi Goswami vs. Ashok Singh and others, under Sections 504, 506, 427, 352, 147 and 149 of IPC, pending the Court of C.J.M., Almora.

(2.) The complainant/respondent filed an application under Section 156(3) in the Court of Chief Judicial Magistrate, Almora, who after obtaining the report of PS Kotwali Almora, dismissed the same with liberty to file criminal complaint case against the wrong doers.

(3.) Thereafter, complainant-respondent filed a criminal complaint case against nine accused persons in the selfsame court, who dismissed the complaint under Section 203 Cr.P.C. vide order dated 08.07.2009. Aggrieved against the said dismissal, Criminal Revision was preferred before the learned Sessions Judge, Almora, who vide order dated 04.11.2009 allowed the Criminal Revision, set aside the order dated 08.07.2009 and summoned the accused-persons to face the trial under Sections 504, 506, 427, 352 and 147/149 IPC. Aggrieved against the same, present Application under Section 482 Cr.P.C. was moved on behalf of the accused-applicants.