IKBAL AHMED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C482 application has been filed by the applicants for quashing/setting aside the impugned charge sheet dtd. 17/12/2020 summoning order dtd. 27/10/2021 and entire proceedings of Criminal Case No.1600 of 2021 (Case Crime No.321 of 2020), State Vs. Ikbal and another, under Ss. 323, 504 and 506 of IPC, registered with Police Station-Kankhal, District-Haridwar, pending before learned IInd Judicial Magistrate, Haridwar.

(2.) Facts of the case in brief are that respondent no.4-Irfan on 14/9/2020 at around 05:30 P.M., was going home from the court Roshanabad via Jwalapur Jamalpur. When he reached Jiyapota Jamalpur Tiraha Laksar road with his nephew Arshil, accused were already waiting in ambush, armed with sticks, rods, pipes, came in front of his vehicle and threw him off the vehicle. Iqbal stood with his foot on the applicant's neck and started abusing and threatened to kill him. Iqbal hit him on the head with an iron rod and broke his head. Parvez threw Arshil, on the road and tried to kill him. He started hitting him with a pipe, then the motorcyclist Shahzad lay upside down on Arshil and saved Arshil's life. Meanwhile a crowd gathered and people from nearby areas saved them. Ghulam Farid, who was coming from Roshanabad, also reached from behind and after seeing the crowd, Iqbal, Parvez, Shadab ran away saying that ' today they have been saved but next time they will be killed.

(3.) Learned counsel for the applicants submits that said incident was committed on 14/9/2020 and the F.I.R. was lodged on 12/10/2020 and for this delay there is no just explanation. Moreover on perusal of F.I.R., it can be seen that there are no independent witness of the alleged incident, although the place of incident is situated at a crowded place. Thus it is clear that the applicants have falsely been implicated in the instant case and have been used as scapegoat.