Dhyan Singh And Others vs State Of Uttarakhand And Another on 6 August, 2012

Uttaranchal High Court

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C482) No.835 of 2012

1. Dhyan Singh S/o Sri Arun Singh

2. Satpal Singh Fauji S/o Sri Dhyan Singh

3. Surendra Pal Singh S/o Sri Dhyan Singh All R/o Village Aamkhera P.S. Nanakmatta Tehsil Sitarganj, District Udham Singh Nagar.

4. Charan Singh S/o Balbir Singh

5. Baljeet Singh S/o Balbir Singh

6. Balbir Singh S/o Sri Amar Singh All R/o village Deennagar, P.S. Nanakmatta, Tehsil Sitarganj, District Udham Singh Nagar.

.........Petitioners

Versus

1. State of Uttarakhand through Secretary Home, Uttarakhand, Dehradun.

2. Baljeet Singh S/o Sri Gurdev Singh R/o Village Aamkhera P.S. Nanakmatta Tehsil Sitarganj, District Udham Singh Nagar.

......Respondents

Mr. D.S. Mehta, Advocate, present for the petitioners. Mr. Vijay Khanduri, Brief Holder, present for the State.

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 2

Case No. 132 of 2012, Baljeet Singh Vs. Dhyan Singh & others, relating to offences punishable under Section 323, 427, 504, 506 of I.P.C., Police Station Nanakmatta, pending in the court of Additional Judicial Magistrate, Khatima.

3) Learned counsel for the petitioners submitted that it is abuse of process of law on the part of the complainant to implicate the petitioners in a criminal case due to the property dispute between the complainant Baljeet Singh (respondent No.2) and the petitioners. Attention of this Court is drawn to the report dated 26.12.2010, of Deputy Superintendent of Police, Khatima, which is annexed as annexure No.5 to the petition. Said report discloses that due to the property dispute between the parties, the complainant wants to harass the sons of the petitioner No.1 Dhyan Singh, who have joined Indian Army, by implicating them in the criminal case.

4) Admit the petition.

5) Issue notice to the respondent No.2 Baljeet Singh, who may file his counter affidavit within a period of four weeks.

6) Having heard learned counsel for the petitioners and after going through the papers on record, as an interim measure, it is directed that further trial of the accused Satpal Singh Fauji (petitioner No.2) and co-accused Gurnam Singh is stayed until further orders of this Court. However, it is clarified that the trial court may proceed with the criminal complaint as against the other accused namely Dhyan Singh, Surendra Pal Singh, Charan Singh, Baljeet Singh and Balbir Singh.

7) List after four weeks.

(Prafulla C. Pant, J.)

06.08.2012