BACHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A criminal complaint case was filed by respondent No. 2 against the applicants in the Court of Special Judicial Magistrate, Tehri Garhwal. Accused -applicants were summoned to face the trial for the offences punishable under sections 147, 379 & 149 IPC. Thereafter, complainant adduced evidence under section 244 Cr.P.C. On the basis of such evidence, learned Trial Court came to the conclusion that there was sufficient material on record to frame the charge against the applicants. The objections raised on behalf of the applicants were dismissed. The charge was yet to be framed. Aggrieved against the impugned order dated 11.11.2013, passed by learned Chief Judicial Magistrate, Tehri Garhwal, a criminal revision was preferred, which was dismissed. Aggrieved against the order dated 20.3.2014 of Re -visional Court, present application under section 482 Cr.P.C. is filed by the applicants.

(2.) THE allegation against the applicants, in a nutshell, is that they committed theft of crops standing on the land of respondent No. 2. Respondent No. 2 was sent notices by this Court, but none appeared for him despite service of notice. Registry made an endorsement on 5.5.2014 that respondent No. 2 was served personally. When present petition was listed for hearing before this Court on 27.5.2014, 14.8.2014, and even today, none appeared for respondent No. 2. Hence, present application under section 482 Cr.P.C., is being disposed of after hearing learned Counsel for the applicants and respondent -State.

(3.) AN Original Suit No. 28/2009 was filed by the respondent No. 2 against applicant No. 1 and others for obtaining decree for permanent prohibitory injunction. The suit filed on behalf, of respondent No. 2 was dismissed by learned Civil Judge, Tehri Garhwal vide judgment and order dated 28.10.2010. Aggrieved against the same, a civil appeal was preferred by respondent No. 2 which Civil Appeal No. 16/2010 was decided by learned Additional District Judge, Tehri Garhwal on 25.8.2012. The appeal was dismissed. The judgment and order dated 28.10.2010 passed by learned Trial Court was affirmed. It is the statement of learned Counsel for the applicants that the order dated 28.8.2012 passed by learned Sessions Judge, Tehri Garhwal was not challenged by respondent No. 2 in any higher Court and the same has, therefore, attained finality.