MALKEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Accused applicants are facing trial for the offences under Sections 147, 148, 149, 427, 307, 504 and 506 IPC in Sessions Trial No. 94 of 2010, State v. Rarvinder Singh Saini, before the Court of Additional Sessions Judge, Kashipur, District Udham Singh Nagar. They have preferred this Criminal Miscellaneous Application, under Section 482 CrPC, for their discharge from the said charges.

(2.) It would be pertinent to note here that this is the second round of litigation before this Court. Applicants had earlier filed Criminal Miscellaneous Application No. 155 of 2011, under Section 482 CrPC, for quashing the summoning order and the proceedings of the Sessions Trial No. 94 of 2010. The contentions raised on behalf of the applicants in the said case before this Court were that the applicants were falsely implicated; the investigation was faulty; the A.S.P., Udham Singh Nagar, in his enquiry report dated 22.8.2009, found that the case against the accused applicants was false; Circle Officer vide his enquiry reports dated 8.9.2009 and 26.10.2009, had also reported that the FIR against the applicants was lodged as a counterblast to the FIR lodged by the applicants and final report was submitted in respect of as many as 13 accused persons in the present FIR.

(3.) This Court, vide its judgment and order dated 11.2.2011, observed that the said reports pertained to the complaint prior to the completion of investigation; there were two versions of the incident; chargesheets were filed in both the cases against some of the accused in each cases and this Court cannot examine the factual disputes in its jurisdiction under Section 482 CrPC and, without expressing any opinion as to final merits of the cases, dismissed the said 482 application.