SUBHASH GOYAL 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 25.02.2010, summoning order dated 14.05.2010 as well as the entire proceedings of Criminal Case No. 719 of 2010, titled as State vs. Subhash Goyal and others, under Sections 147, 457, 427, 506 of IPC and Section 3 (1) (X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the SC / ST Act), pending before the Judicial Magistrate, Rishikesh, District Dehradun.

(2.) INFORMANT /respondent no. 2 lodged a first information report on 13.01.2010 at PS Rishikesh, District Dehradun, against three named accused persons including the applicant. After the investigation, a charge -sheet was submitted against the accused persons. Cognizance was taken on the charge -sheet and the accused -applicant was summoned to face the trial. 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 13.01.2010, at 7:15 am, accused Subhash Goyal, Subhash Agrawal, Dinesh Kumar and some other miscreants trespassed into the store of the informant. They threw the articles which were kept inside the store. It is also stated in the FIR that a civil suit was pending before the Civil Court which travelled up to the High Court. Stay was granted by Hon'ble High Court in this case. Another suit was also pending in the Court of Civil Judge, (S.D.), Rishikesh. When the incident took place, the informant was present at home and her husband had gone to market. Informant narrated the incident to her husband on telephone. It was alleged that the accused persons used casteist remarks against the informant (respondent no. 2 herein) and also threatened her along with her family members with dire consequences. The accused persons, in a nutshell, wanted to evict the respondent no.2 and her family members from Ashram.