YOGENDRA SINGH BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 09.11.2009, charge-sheet of case crime no. 82 of 2009, relating to police station, Kotwali, Uttarkashi, under Sections 353, 504, 506 of IPC, as also the proceedings of criminal case no. 819 of 2009, State vs Yogendra Singh, for the selfsame offences, pending in the court of Chief Judicial Magistrate, Uttarkashi.

(2.) Complainant (respondent no. 2 herein) lodged an FIR against the applicant, at police station, Kotwali, Uttarkashi on 23.09.2009, which was registered as FIR no. 82 of 2009, under Sections 504, 506 of IPC. Cognizance was taken on said charge-sheet and accused was summoned to face the trial in respect of offences punishable under Sections 353, 504, 506 of IPC. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.

(3.) As per FIR, it was alleged by a police personnel, deputed at the residence of District Judge, Uttarkashi, that on 21.09.2009, at 08:30 P.M., one person coming from Ramleela Ground towards Vishwanath Chowk was abusing a higher officer. When the informant refrained him from doing so, accused also hurled abuses at the informant and threatened him with dire consequences. It appears that the accused was in an inebriated state. When the informant made an attempt to chase the accused, he fled away. The informant police constable knew the name of the applicant as Yogendra Singh Bhandari. The incident allegedly took place on 21.09.2009. FIR was lodged on 23.09.2009. Accused was arrested on the same day and was granted bail by learned Sessions Judge, Uttarkashi, vide order dated 30.09.2009.