PREM SINGH TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "Cr. P.C."), seeking to quash the First Information Report (FIR) No. 333 of 2016 dated 22nd September 2016, lodged by the second petitioner against the first petitioner, wherein the second petitioner alleged that the first petitioner assaulted the second petitioner as well as the third petitioner, who happened to be the cousin sister of the second petitioner and consequential G.R. Case No. 228 of 2017 pending on the file of the Judicial Magistrate, Soreng Sub-Division, stationed at Gangtok, East Sikkim.

(2.) The facts in brief as culled out from the pleadings and documents appended thereto are that the second petitioner lodged an FIR under Section 154 read with Section 157 of the Cr. P.C. on 22nd September 2016, which was registered as FIR No. 333/2016 against the first petitioner stating that the first petitioner called the second petitioner to his Lumsey Residence at 5th Mile, Gangtok. When he reached Lumsey Residence, the first petitioner along with his supporters came in his vehicle and started assaulting with blows on the chest and face of the second petitioner. Even his shirt was torn. On this, the third petitioner intervened and she was also beaten by the first petitioner misappropriately. Thereafter, some more people came forward and he was separated. The first petitioner also threatened to ruin the second petitioner's future.

(3.) On the basis of said FIR, challan was filed and a case was registered as General Register Case No. 228 of 2017 under the provision of Sections 323/354 of the Indian Penal Code, 1860 (for short, "IPC"). The Chief Judicial Magistrate, East Sikkim at Gangtok took cognizance on 20th July 2017. On taking cognizance, the case was referred to the Judicial Magistrate (First Class), East Sikkim at Gangtok on 20th July 2017. Subsequently, on 15th September 2017 the case was transferred to the Court of Judicial Magistrate, Soreng Sub-Division, stationed at Gangtok for trial and disposal as per law.