SATENDRA KUMAR MEHTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD learned counsel for the parties. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings in criminal case No. 395 of 2005, relating to offence punishable under Section 506 of I.P.C., pending before the II Addl. Civil Judge (Junior Division)/Judicial Magistrate, Haridwar.

(2.) FROM the perusal of the papers on record, it appears that a first information report was lodged by respondent No. 2 on 03.09.2001 (copy Annexure -11 to the petition), in which it was alleged that on 31.08.2001, at about 11:45 P.M., in the court premises accused/applicants Satendra Kumar Mehta and Manish Kumar Mehta gave a threat to the complainant of dire consequences if the case instituted against them earlier is not withdrawn. It appears that a crime No. 172 of 2001 was registered on basis of aforesaid report with police station Ranipur, District Haridwar. After investigation, no offence were found made out against the accused (present petitioners) and a final report was submitted on 10.10.2001, by the Investigating Officer. Learned Magistrate issued notices to respondent No. 2 (complainant), who filed the protest petition, on which the accused/petitioners were summoned in respect of offence punishable under Section 506 of I.P.C., and a criminal case No. 395 of 2005 is registered against them. Hence, this petition.