PURAN SINGH RAWAT Vs. BALKAR SINGH

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the cognizance order dated 07.12.2009 passed by Additional Judicial Magistrate, Khatima in Criminal Case No. 1530 of 2009, captioned as Balkar Singh vs. Ramesh Talwar and others, under Sections 147, 148, 323, 427, 452, 504 and 506 IPC as well as the entire proceedings of the said case.

(2.) COMPLAINANT (respondent herein) filed a criminal complaint case against five named accused including the applicants in the Court of Additional Judicial Magistrate, Khatima. Statement of the complainant was recorded under Section 200 Cr.P.C. Statements of Kripal Singh, Mahendra Singh, Rajveer Singh and Nirmal Singh were recorded under Section 202 Cr.P.C. Certain documents were also filed by the complainant. After having found a prima facie case against the accused persons, they were summoned to face the trial for the offences under Sections 147, 148, 323, 427, 452, 504 and 506 IPC, vide order dated 07.12.2009 passed by learned Additional Judicial Magistrate, Khatima. Aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the applicants, who were constables, posted in Sitarganj Police Station, at the relevant point of time.

(3.) ACCORDING to the complainant, on 13.07.2009, at 4:30 am, accused persons including the applicants, who were posted in chowki Saktiform, trespassed into the complainant s house, caught hold of complainant s sister, made indecent gestures, started destroying house hold goods, looted Rs. 2,000/ - and when the complainant resisted the same, they assaulted the complainant s mother, father, grandmother and sister with the butt of gun. As a consequence of which, they sustained injuries. Complainant s mother fell unconscious. Upon raising the alarm, the neighbourers assembled and saved the complainant and his family members. Accused persons threatened to kill them in the encounter. Complainant went to Sitarganj, but his report could not be lodged. Complainant made a complaint of the incident to the Governor and State Police Complaint Authority, as also DIG and SSP, Udham Singh Nagar. The injured also went to the hospital for treatment of their injuries. Complaint story was supported by Balkar Singh under Section 200 Cr.P.C. Kripal Singh, Mahendra Singh, Rajveer Singh and Nirmal Singh supported the statements of the complainant under Section 202 Cr.P.C. A prima facie case against them for the offences complained of against them was, therefore, made out. Foundation of criminal offences was, therefore, laid.