JOGINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Delay in filing the objection is condoned. Objection/counter affidavit filed by the State is taken on record. Delay condonation application (IA/3/2024) made therefor, is allowed.

(2.) The prayer made in this application filed under Sec. 482 of Cr.P.C. is to set-aside the summoning order dtd. 10/3/2022 passed by learned Special Judge (SC/ST Act)/Fifth Additional Sessions Judge, Dehradun in Special Sessions Trial No.03 of 2022, State of Uttarakhand vs. Joginder @ Nikku and Ors., u/s 352, 506 and 504 IPC and Sec. 3(1)(r) and 3(1)(s) of SC/ST Act, arising out of FIR No.15 of 2022 registered at P.S. Vikas Nagar, District Dehradun and the entire proceedings of the above case.

(3.) The facts in nutshell are that an FIR was lodged by respondent no.2 on 12/1/2022 stating therein that on 11/1/2022 he was selling his pig at a meat shop situated at Mandi Chowk and alleged that some heated argument took place during sale purchase of pigs and the applicant-Joginder Singh @ Nikku and another person stated certain words related to his caste and also threatened him with his life. On the basis of the aforesaid FIR, a case crime was registered in Police Station Vikas Nagar, Dehradun, in the aforesaid Sec. .