LAWS(UTN)-2014-1-15

ANURAG LAL Vs. STATE OF UTTARAKHAND

Decided On January 03, 2014
Anurag Lal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 01.05.2010, as also the proceedings of criminal complaint case no. 551 of 2010, Nand Lal vs Anurag Lal, under Sections 323, 504 of IPC, relating to police station, Jaspur, District Udham Singh Nagar, pending in the Court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) INFORMANT (respondent no. 2 herein) filed a criminal complaint case against six accused persons, including the applicant, in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. After recording of statement of the complainant under Section 200 of Cr.P.C. and the statements of Arvind Kumar and Jagdish Singh under Section 202 of Cr.P.C., accused -applicant was summoned to face the trial for the offences punishable under Section 323, 504 of IPC, vide impugned order dated 01.05.2010. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) IN the complaint filed by respondent no. 2, it was the allegation that on 07.02.2010, at 02:00 P.M., applicant alongwith others, trespassed into his house and insisted upon him to grant divorce to Aparna. Accused persons also insisted to pay them Rs. 2,00,000/ - alongwith jewellery of Aparna. Respondnet no. 2 replied that he will not grant divorce to Aparna. On hearing the same, Anurag Lal (applicant) put a country made pistol on the temple of respondent no. 2 and threatened him with dire consequences. The others hurled abuses at respondent no. 2 and also assaulted him. When the co -villagers came and tried to intervene, applicant alongwith others assaulted respondent no. 2 with kicks and fists. Applicant Anurag Lal robbed respondent no. 2 of his wristwatch and also took away Rs. 2,000/ - from his pocket. Respondent no. 2 was medically examined in the hospital. The medical report of respondent no. 2 has been brought on record.