LAXMAN SINGH JHINKWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Having heard learned counsel for the applicant as also learned Government Advocate for the State, it transpires that Mr. Laxman Singh Jhinkwan (applicant herein) is the Village Pradhan whereas respondent no.2 Smt. Sateshwari Devi, W/o Mr. Lalit Mohan Kohli, is an Anganwadi Karyakarti in the area concerned. She was annoyed from the applicant as the latter was avoiding to put his seal and signature on certain papers presented before him by respondent no.2 regarding the Anganwadi work. On 28.8.2015 at 8 AM, she went to the house of applicant where she faced humiliation besides caste indicative words at the hands of the applicant in presence of a number of people besides her own husband. An FIR to this effect was lodged by her against the applicant on 31.8.2015 which was registered as Crime No.18 of 2015, depicting all such allegations.

(2.) On the other hand, learned counsel for the applicant has brought to the notice of the Court that lodging the FIR by respondent no.2 is the outburst and repercussion of the report lodged by him against her husband on that very day being registered as Crime No.17/2015 which necessitated on account of his impertinent behaviour causing obstruction in the proceedings of the meeting of Gram Sabha. Memo of minutes of such meeting has been annexed with the record bearing signatures of several persons including three government officials/officers, namely, Vinod Prasad, Village Panchayat Development Officer, Ms. Sadhna Bisht, Village Development Officer and Smt. Deepa, Training Village Development Officer. The said memo reflects that during the course of such meeting held at about 12 of the noon, Mr. Lalit Mohan Kohli (husband of respondent no.2) came in the meeting hall, brandished his shoe and hurled abuses to the Gram Pradhan (applicant) with a further threat to kill him. All these gestures on the part of Mr. Kohli hampered the proceedings, inasmuch as, the meeting had to be postponed for some other time. Accordingly, the FIR was lodged by the applicant against Mr. Lalit Mohan Kohli, being registered as Crime No.17/2015 for the offences of section 504, 506 and 186 IPC, and in order to balance the same, respondent no.2, as a measure of retaliation, lodged the impugned FIR at the instance of her husband.

(3.) Looking to the entire facts and circumstances of the case as also considering the story, as highlighted before the Court by learned counsel for the applicant, I allow the petition instantly and quash the entire proceedings of Special Sessions Trial no.4 of 2016 (State v. Laxman Singh Jhinkwan) pending before the Court of Special Sessions Judge, Chamoli, as also the chargesheet submitted against the applicant by the Investigating Officer.