YOGESH RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. J.B. Pradhan, learned Senior Counsel assisted by Mr. D.K Siwakoti for the petitioner. Also heard Mr. S.K Chettri, learned Assistant Public Prosecutor for the respondent.

(2.) By this petition under Section 482 of the Code of Criminal Procedure, 1973, for short, ,,the Cr. P.C., the petitioners pray for quashing of criminal proceedings in G.R. Case No.25 of 2019 under Section 324 IPC pending in the Court of learned Judicial Magistrate, Jorethang Sub-Division, South Sikkim, Jorethang.

(3.) The petitioner no.2, who is the father of petitioner no.3, had filed an FIR on 18.11.2018 before the Station House Officer, Melli Police Station, stating that on that date at around 04.30 p.m when his son, i.e. petitioner no.3, was in his vehicle at a place called Rok Dara, he was attacked by petitioner no.1 with a ,,khukuri causing cut injury on his left back shoulder and right hand. On the basis of the said FIR, Melli Police Station Case No. 37(11)2018 under Section 326 IPC was registered against petitioner no.1.