BALRAJ SINGH LAMBA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet dated 18.6.2012, summoning order dated 23.6.2012 and the entire proceedings of Criminal Case No. 990 of 2012, State v. Balraj Singh Lamba and Others, under Section 506 IPC, pending in the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) Facts of the case, necessary to be noted for deciding the present case, are that the complainant/respondent no. 2 is the real brother-in-law (Sala) of the applicant no. 1. Applicant no. 2 is the real brother-in-law (Sala) of the applicant no. 1. Applicant no. 3 is the son of the applicant no. 1. On 21.5.2012, respondent no. 2 lodged an FIR against the applicants with the allegations that applicants 1 and 2 along with their six other companions, armed with weapons, came at his hospital, a portion of which was also being used as residence by the respondent no. 2 and his family members; mother-in-law of the respondent no. 2 (i.e. mother of applicant no. 1) was residing with him; applicant no. 1 started exerting pressure on his mother to withdraw the report lodged by her against the applicant no. 1 and was extending threatening to her; meanwhile Rajveer (applicant no. 2) and his companions were moving around the house of complainant; complaint telephoned to the police and gave information about the incident; when the accused persons saw the police coming, they fled away from the spot; while leaving the spot, applicant no. 1 threatened the complaint's son to kill him and the applicant no. 3 telephoned the complainant's son and threatened him.

(3.) Police made investigation and submitted the chargesheet against the applicants. Thereafter the Court below summoned the accused applicants to face the trial for the offence under Section 506 IPC. Learned Counsel for the accused applicants contended that the respondent no. 2 lodged the FIR against the applicants as a counter-blast to the various criminal and civil cases lodged by the applicant no. 1 against the complainant/respondent no. 2.