LAWS(UTN)-2019-6-25

HAZI GAFFAR Vs. STATE OF UTTARAKHAND

Decided On June 18, 2019
Hazi Gaffar Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Facts in brief are that an FIR was lodged by the respondent no. 2, Mr. Govind Singh on 2/4/2016, at Police Station Bahadrabad, District Haridwar with the allegation that he is the driver of the Additional S.D.M., Roorkee and on 31/3/2016 he along with A.S.D.M. were travelling from Haridwar to Roorkee through Bolero Car at about 02:00 p.m. and when they reached at Badhedi Sulfer mode, they found that a Tractor Trolley was loaded with mine material. Thereafter, A.S.D.M. asked to stop the vehicle then such Tractor Trolley was driven to village Badhedi Rajputan by its driver and when they chased such Tractor Trolley and reached village Badhedi then 52-60 persons surrounded them and used filthy language; also put intervention in Government Work and threatened them of dire consequences. The police made investigation into the matter and thereafter submitted charge-sheet against the accused applicants and thereafter, the Magistrate summoned the accused applicants for the offences under Ss. 147, 332, 353, 504 and 506 of IPC against the applicants. Being aggrieved, the accused applicants have filed the present criminal miscellaneous application.

(3.) Learned counsel for the applicants submitted that applicants are not named in the FIR, as the FIR was lodged against the unknown persons. He also submitted that no test identification parade of the applicants was conducted and there is no evidence on record which connects the present applicants to the alleged offence. Learned counsel for the applicants further relied upon the judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh v. State of Uttar Pradesh: reported in (2009) 4 SCC 437.