RAVI DEV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Though these three petitions viz. C482 No.786 of 2014, WPCRL No.249 of 2024 and WPCRL No.318 of 2024 were heard and reserved by this Court on different dates but since the issues involved in these petitions arise out of the same incident involving same question of facts and law, therefore, for better adjudication of the case, these petitions are being decided by this common judgment.

(2.) By means of C482 No.786 of 2014, petitioners seek quashing of charge-sheet dtd. 7/3/2014 and the summoning order dtd. 17/6/2014 as well as the entire proceedings of Criminal Case No.1904 of 2014 'State vs. Ravi Dev Anand and others', under Ss. 452, 325, 354, 147, 148, 323, 427, 504, 506 of IPC pending in the court of Judicial Magistrate-I, Dehradun.

(3.) Factual matrix of the case is that respondent no.2 Subhash Mittal (since deceased) lodged FIR No.201 of 2012 at P.S. Nehru Colony, District Dehradun against the petitioners and others alleging that on 11/10/2012 when the respondent no.2 and his family members and relatives were entering the house i.e. House No.G-11, Race Course, Dehradun, (hereinafter referred as 'property in question'), some anti-social elements came from outside shouting slogans and attacked the respondent no.2/complainant and his family members with sticks, punches and chairs and some of them climbed the roof and put up a board of Vishwa Hindu Parishad (V.H.P.); that, the petitioners and other accused persons attacked the respondent no.2/complainant and his family and tried to take forcible possession of the property in question; that, one V.H.P. worker wearing black sunglasses broke the windowpane of car of his son-in-law; that, he (complainant) identified these persons who had caused injuries to the complainant, his family members and servants.