KHEEMA NAND SANWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to set aside the order dated 22.04.2010, as also the proceedings of criminal case no. 220 of 2009, under Sections 452, 323, 504, 506 of IPC, pending in the court of Judicial Magistrate, Haldwani, District Nainital.

(2.) COMPLAINANT (respondent no. 2 herein) filed a criminal complaint case against three named accused persons, including the applicant, in the court of Addl. Chief Judicial Magistrate, Haldwani. After recording the statements of the complainant Smt. Dorris Praveen Singh under Section 200 of Cr.P.C. and that of witness Poonam Alka Singh under Section 202 of Cr.P.C. and having found a prima facie case against the accused persons, including the applicant, for the offences punishable under Sections 452, 323, 504, 506 of IPC, they were summoned to face the trial for the said offences, vide impugned order dated 22.04.2010, passed by learned Judicial Magistrate, Haldwani. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.

(3.) AS per complaint, on 04.04.2009, when the complainant was sitting at her house alongwith her family members, she heard that somebody was using filthy language outside her house at 09:00 P.M. When the complainant went out of her house, she found that Kheema Nand Sanwal alongwith 6 -7 persons was pelting stones at her house. Accused persons pushed the door of the house of the complainant and trespassed into her house. Accused slapped on the face of complainant and pushed her daughter aside. They asked the complainant to vacate the premises or otherwise they will take forcible possessions of the same. Accused persons also threatened the complainant with dire consequences. The complainant gave a report of the incident to Officer In -Charge, police station, Kathgodam, but since no action was taken by the police, therefore, she was compelled to file criminal complaint case against the accused persons. In her statement under Section 200 of Cr.P.C., the complainant supported complaint version. In her statement under Section 202 of Cr.P.C., witness Poonam Alka Singh supported the complainant. Poonam Alka Singh was the daughter of the complainant. The witness stated that the accused persons slapped her mother and pushed her aside. They also threatened the complainant with dire consequences, if she did not vacate the house.