ANWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C-482 petition has been filed by the applicant for quashing the cognisance order dated 01.07.2016 along with Non-Bailable-Warrant order dated 04.01.2018 passed in Criminal Case No. 2620 of 2016 "State Vs. Anwarothers"

(2.) The brief fact of the case are that on 25.03.2016 respondent no. 2-complainant along with her husband Saleem Ahmad moved a joint complaint before Police Station Patel Nagar stating therein that the marriage of the sister of her husband was fixed for 27.03.2016. In night hours at about 8-9 p.m. ladies sangeet function was going on. They saw the some boys from Mobin's family were making video film of the ladies sangeet function. At this, the complainants and other family members stopped them from doing so. They stopped making video. But on the very next day, in the morning at about 06:30 a.m., Anwar present applicant, Mobin, Wazid, (Kabadi) and some other persons having lathis and dandas in their hands entered in the house of the complainants and started marpeet and misbehaved with the ladies. Thereafter FIR was lodged. The matter was investigated and the charge sheet has been submitted against the applicant. After filing the charge sheet the learned Additional Chief Judicial Magistrate-I, Dehradun took cognisance in the matter and summoned the applicant by its one line order.

(3.) Learned counsel for the applicant submits that the applicant is not in any manner involved in the offence. He submits that the trial court has passed the cognisance order in mechanical manner. He further submits that the charge sheet, F.I.R. as well as cognisance order is nothing but simply an abuse of process of law.