ASHOK SHARMA Vs. STATE OF UTTARKAHAND & ANOTHER

JUDGEMENT

(1.) The applicant, by way of present petition under Section 482 Cr.P.C. seeks to quash the proceedings of Criminal Case no. 615/2008, captioned as State v. Ashok Sharma which pertains to case crime no. 991/2008, under Section 353, 504, 506 I.P.C., P.S. Ramnagar, District-Nainital pending in the court of Learned Judicial Magistrate, Ramnagar, District-Nainital.

(2.) An F.I.R. was lodged by Dinesh Chandra, Executive Engineer of Public Works Department on 05-05-2005 in P.S. Ramnagar against Ashok Sharma in respect of offences punishable under Sections 353, 504, 506 I.P.C. The allegations against the accused in a nutshell are that on 21-02-2005 at 2.00 p.m., accused threatened the informant with dire consequences and deterred him in the lawful discharge of his duty as public servant. The dispute arose over issuance of certificate to the accused. Whereas the informant said that the same might be issued only after obtaining the report of Assistant Engineer, accused insisted for giving him experience certificate on the basis of work done by him in the past. Accused leveled allegations of harassment against the informant and pressurized him for issuing experience certificate. Accused also threatened the informant on telephone saying that the Engineer will be transferred at his instance. T.D. Kandpal and R.S. Mehra, both Assistant Engineers, were present when the incident took place.

(3.) When the criminal law was set into motion by Dinesh Chandra, Executive Engineer, investigation started. After conducting the investigation, the Investigating Officer submitted final report on 25-09-2005.