C482/704/2011 of JASVIR SINGH AND ORS Vs DEEPA KAUR

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

-CRIMINAL MISC. APPLICATION (C482) No. 704 of 2011 withStay Application No. 916 of 2011

1.Jasvir SinghS/o Tahal SinghS/o Tahal Singh

R/o Kodakheda, P.S. Nanakmatta

District Udham Singh Nagar

2.Trilochan SinghS/o Gurudev SinghR/o Village Gyanpur GoriS/o Gurudev SinghR/o Village Gyanpur Gori

P.S. Nanakmatta

District Udham Singh Nagar

3.Bablu S/o Raj BahadurR/o Village Gyanpur GoriP.S. NanakmattaDistrict Udham Singh NagarR/o Village Gyanpur GoriP.S. NanakmattaDistrict Udham Singh Nagar4.Khushal Singh S/o Laxman SinghS/o Laxman Singh5.Santa SinghS/o Lahra SinghBoth R/o Village TookriS/o Lahra SinghBoth R/o Village Tookri

P.S. NanakmattaDistrict Udham Singh NagarDistrict Udham Singh Nagar6.Gurdeep Singh @ GopiS/o Jet SinghR/o Kodakheda, P.S. NanakmattaDistrict Udham Singh NagarS/o Jet SinghR/o Kodakheda, P.S. NanakmattaDistrict Udham Singh Nagar

……………….Petitioners

Versus

Deepa KaurW/o Suchha SinghR/o Ransali P.S. NanakmattaDistrict Udham Singh Nagar.

………….....Respondent

Shri H.C.Pathak,Advocate with Shri B.D.Pandey, Advocate, present for the petitioners

Hon’ble Prafulla C. Pant, J.

Heard.

(2)By means of this petition moved under section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 1151 of 2011, Smt. Deepa Kaur vs. Suresh Gulati and others, relating to offences punishable under section 147, 148, 323, 342, 504 and 506 I.P.C., Police Station Nanakmatta, District Udham Singh Nagar, pending in the court of Additional Judicial Magistrate, Khatima, District Udham Singh Nagar.

(3)Learned counsel for the petitioners drew attention of this court to the statement of Deepa Kaur (complainant) recorded under section 200 of Cr.P.C., copy of which is annexed as Annexure-2 to the petition. In her statement complainant has named only three accused namely Suresh Gulati, Pappu Gulati and Dharamveer Gulati, who wrongfully confined her, and threatened her. The petitioners are six persons namely Jasvir Singh, Trilochan Singh, Bablu, Khushal Singh, Santa Singh and Gurdeep Singh @ Gopi. None of them are named by the complainant in her statement recorded under section

(4)Not only complainant, even witness Gurjit Kaur examined under section 202 of Cr.P.C., has not named petitioners Jasvir Singh, Trilochan Singh, Bablu and Khushal Singh. Copy of her statement is annexed with Annexure-2 of this petition. Also, perused the copy of statement of Sumita Kaur examined under section 202 of Cr.P.C., by the Magistrate. In said statement also none of the petitioners Jasvir Singh, Trilochan Singh, and Khushal Singh are named. However, names of petitioner no.5 Santa Singh, and petitioner no.6 Gurdeep Singh @ Gopi do figure in the statement of the two witnesses examined under section 202 Cr.P.C., along with accused Suresh Gulati and Pappu Gulati.

(5)It is contended on behalf of the petitioners that though the petitioners are not named by the complainant, still the Magistrate has summoned as many as ten accused including the petitioners to face the trial.

(6)Having gone through the certified copies of the statements of complainant recorded under section 200 of Cr.P.C and that of the witnesses recorded under section 202 of Cr.P.C.,this court finds that the

impugned summoning order appears to have been passed by the Magistrate against three petitioners namely Jasvir Singh, Trilochan Singh, and Khushal Singh, without there being any iota of evidence to summon them to face the trial. Therefore, the impugned proceedings are liable to be quashed, in respect of the said three accused. However, as to the remaining petitioners, and other accused, this court is not inclined to interfere with the trial of the case.

(7)Therefore, this petition under section 482 of Cr.P.C., is partly allowed. proceedings of Criminal Complaint Case No. 1151 of 2011, Smt. Deepa Kaur vs. Suresh Gulati and others, pending in the court of Additional Judicial Magistrate, Khatima, in respect of offences punishable under section 147, 148, 323, 342, 504 and 506 I.P.C., are quashed as against the petitioners Jasvir Singh, Trilochan Singh and Khushal Singh. However, in respect of the remaining petitioners Bablu, Santa Singh and Gurdeep Singh @ Gopi, and other four accused namely Suresh Gulati, Dharamveer Gulati, Pappu Gulati and Lal Bahadur, the proceedings are not interfered with.

(Prafulla C. Pant, J.)