AJAY YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 13.11.2006, summoning order dated 29.11.2006 as well as the proceedings of Criminal Case No. 759 of 2009, captioned as State vs. Anoop Tiwari and others, under Sections 323, 504 and 506 IPC.

(2.) Informant (respondent no. 2) lodged the first information report on 24.08.2006 against five unknown persons at PS Sitarganj, under Sections 395/397 IPC. After the investigation, a charge-sheet was submitted against four accused persons, namely, Anoop Tiwari, Vikram Singh, Vikrant and Ajay Yadav for the offences under Sections 323, 504 and 506 IPC. Cognizance was taken on the said charge-sheet and accused persons were summoned to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) According to the first information report, respondent no. 2 was the registered owner of Mahindra pickup. One Sunder Bahadur was the driver of the said vehicle. The vehicle was financed by Mahindra and Mahindra Finance Company Limited, Haldwani. On 23.08.2006, at 2:00 pm, five unknown persons came to the transport company of respondent no. 2 in Mahindra Bolero Jeep. The driver was requested to go to Pilibhit. No sooner the driver reached Amaria Road, five unknown accused persons caught hold of the driver, assaulted him and snatched the keys of the vehicle. When the driver resisted, a country made pistol was kept on the temple of driver. He (driver) raised alarm. Amin Shah and Nathu Yadav came there and saw the incident. Accused persons were addressing themselves as Anoop Tiwari & Vikram Singh. Had the driver not given the keys to them, they would have killed him. The accused persons also robbed the driver of Rs. 450/-. It was during the course of investigation that the name of applicant no. 1 came to fore.