JAGDISH PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge -sheet dated 11.01.2009 (annexure -3), cognizance order dated 10.04.2009 as well as proceedings of Criminal Case No. 3304 of 2009, captioned as State vs. Jagdish Prasad, under Sections 323 and 504 of IPC, pending before Additional Chief Judicial Magistrate -III, Dehradun.

(2.) INFORMANT (respondent no. 2 herein) lodged a first information report against the present applicant on 28.08.2008 at PS Cantt. Sadar, District Dehradun, which was registered as Case Crime No. 188 of 2008, under Sections 332, 323 and 504 IPC. After the investigation, charge -sheet was submitted against the accused -applicant under Section 323 and 504 IPC. Cognizance was taken on the said charge -sheet and the accused was summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) ACCORDING to the first information report, on 08.06.2008, accused abused and assaulted the informant. Not only that, he voluntarily caused hurt to deter him (a public servant) from his duty. When the question was put to the informant by the police officer of PS Garhi Cantt., Dehradun, as to whether he got himself medically examined or not, the informant replied that since he did not sustain any external and serious injury, therefore, he did not go to the hospital. Since allegation of assault and abuse were made against the informant, therefore, a prima facie case under Section 323 and 504 of IPC was made out against the accused. The same is substantiated during the investigation and therefore, the investigating officer submitted charge -sheet against the accused on 11.01.2009. Foundation of criminal offence is, therefore, laid against the accused -applicant. It cannot, therefore, be said, at this stage, that no prima facie case was made out against the applicant.