DEVENDRA AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed by the petitioners, who are facing the trial in Criminal Case No. 5014 of 2007 arising out of Case Crime No. 5/ 2006, under Sections 147, 148,504,506,307,427 and 452I.P.C., pending before the court of Judicial Magistrate, Roorkee, Haridwar, for quashing the proceedings of the aforesaid case.

(2.) BRIEF facts of the case are that an F.I.R. was lodged on 11 -01 -2006 (contained in annexure -1 to the petition) by complainant/respondent no. 2 stating therein that accused persons came in the office and started abusing the complainant. It is also alleged that accused persons also fired but it could not hit anyone. on the basis of the First Information Report a charge sheet was submitted - by the police under Sections 147, 148, 504, 506, 307, 427, 452 I.P.C. on 21 -02 -2006. The Magistrate on the basis of the aforesaid charge sheet summoned the petitioners under Sections 147, 148, 504,506,307,427, 452 I.P.C vide order dated 30 -32006 (contained in Annexure -4 to the petition). The record further reveals that thereafter the S.H.O. concerned moved an application for further investigation under Section 173 (8) Cr.P.C. on 5 -4 -2006 which was allowed by the Magistrate concerned on the same day. The Investigating Officer thereafter submitted the supplementary charge sheet under Sections 147,148,504, 506,427 I.P.C. and on the basis of this charge sheet the Magistrate vide order dated 11 -9 - 2007 took the cognizance and summoned the petitioners/accused persons under Sections 147,148,427,504,506,I.P.C.

(3.) FURTHER , on 15 -11 -2007 when one of the accused persons, Rajesh moved an application for surrender, the Magistrate on the same day passed an order that as the cognizance on the previous day i.e. 30 -3 -2006 was taken under Sections 147, 148,504,506,307, 427and 452 I.P.C., therefore, the accused be taken into custody for the offence under Sections 147, 148,307,427,452,504,506 I.P.C.