OM PRAKASH GUPTA 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 31.07.2008 (annexure -7), cognizance order dated 20.10.2008 (annexure -8) as well as the proceeding of criminal case no. 3495 of 2010, State vs. Naveen Gupta and others, under Sections 452, 323, 504, 506 IPC and Section 3 (1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending before 1st Additional Chief Judicial Magistrate, Dehradun.

(2.) A first information report was lodged by informant (respondent no. 2 herein) against three named accused persons and three unknown persons on 03.07.2008 at reporting outpost Nayagaon, PS Patel Nagar, District Dehradun for the offences punishable under Sections 452, 323, 504, 506, 147 IPC and Section 3 (1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After the investigation, a charge -sheet was submitted against five accused persons including the applicant for the self -same offences. Cognizance was taken on the said charge -sheet by learned Magistrate and the accused -persons including the applicant were summoned to face the trial for the offences punishable under Sections 323, 504, 506, 452 of IPC and Section 3 (1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicant.

(3.) ACCORDING to the first information report, on 02.07.08, at 11:30 pm, when the informant Dulab Ram was sleeping in his house, Pramod Gupta s brothers Naveen Gupta and Neeraj Gupta, his servant and two others unidentified persons came to informant s house. They pushed the door of the house of the informant. They also used casteist remarks and threatened him with dire consequences. They rebuked the informant as to why he spoke against Pramod Gupta? As soon as the informant opened the door, accused persons beat him along with his sons Sunil Kumar, Sanja Kumar, his wife Bhagirathi Devi and sister -in -law Sarita Devi. The informant also stated that he was examined by Medical Officer. The miscreants came in a maruti car and motorcycle. Pramod Gupta s father also was sitting in the car. Complainant (respondent herein) Dulab Ram supported the complaint story in his statement under Section 200 Cr.P.C. So were the statements of Smt. Bhagirathi Devi, Sunil and Sarita under Section 202 Cr.P.C. Bhagirathi, Sunil and Sarita supported the prosecution story and levelled allegations against all the accused persons, except the present applicant Om Prakash Gupta.