ISHAM SINGH v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE PANKAJ PUROHIT
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-12-09. ISHAM SINGH v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
2024:UHC:9247 H I GH COURT OF UTTA RA K H A N D A T N A I N I TA L Cr i m i n a l M i sc. A p p l i ca t i o n N o . 3 0 8 o f 2 0 2 4 I shan Singh & ot her - -Applicant s Ve r su s St at e of Ut t arakhand & anot her - - Respondent s Pr e se n ce : - Ms. Abhilasha Tomar, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the applicants. Mr. Bhaskar Chandra Joshi, learned AGA for the State. H o n ' b l e Pa n k a j Pu r o h i t , J. 1. By m eans of t he present C482 applicat ion t he applicant s have challenged t he Charge Sheet No. 238 of 2022 and sum m oning order dat ed 04. 01. 2024 passed by t he Judicial Magist rat e/ Civil Judge, Laksar, Dist rict Haridwar in Crim inal Case No. 02 of 2024 St at e vs. I shan Singh and ot hers, under Sect ion 323, 504 & 506 of I PC. 2. Heard learned counsel for t he part ies. 3.
An FI R was lodged against t he applicant s wit h t he averm ent s t hat t he when com plainant was ret urning from t he court t o his village Lalchand Wala on 14. 10. 2022 at 06. 00 pm , on t he way before t he village, I sam son of Bisam bar, Aj ay, son I sam Singh and Vikal son I sam of t he sam e village were dest roying t he sugarcane crop grown in t he com plainant ’s field wit h t heir anim als. When t he com plainant st opped t hem from doing so, t hey got furious and unanim ously 2024:UHC:9247 st art ed abusing and beat ing him wit h st icks. I n bet ween Naseem son of Maqsood and Shubham son of Bachan Singh et c. of t he village, who were passing from t here, rescued him wit h great difficult y from t he applicant s. While leaving, t hey t hreat ened him wit h life. A cross FI R was also lodged by t he applicant s against t he com plainant . 4.
A charge sheet was subm it t ed under Sect ions 323, 504 and 506 of I PC in which cognizance was t aken by learned Magist rat e and applicant s were sum m oned t o face t rial. 5. Learned counsel for t he applicant s subm it s t hat t he cognizance order has been passed in a rout ine and m echanical m anner overlooking t he aspect t hat first inform at ion report is a count er blast t o t he first inform at ion report lodged by applicant no. 1. She furt her subm it s t hat on t he basis of t he param et ers set out in paragraph 102 of t he Bhaj an Lal’s case, all t he proceedings init iat ed against t he applicant s are liable t o be quashed. 6. Per cont ra, learned St at e counsel subm it t ed t hat first inform at ion report was lodged against t he applicant s, which m ade out cognizable offence against t hem prim afacie and aft er due invest igat ion t he charge sheet was also subm it t ed. Thus no case is m ade out t o int erfere wit h in bet ween.
The applicant s should face t he t rial and t he t rut hfulness of t he com plainant ’s version would be proved only during t rial aft er recording of t he evidence of prosecut ion wit nesses. 2024:UHC:9247 7. Having heard learned counsel for t he applicant s as well as learned St at e Counsel, t his Court does not find any good ground t o int erfere. Accordingly, t he C482 applicat ion is dism issed. ( Pa n k a j Pu r o h i t , J. ) 09. 12. 2024 Art i Digitally signed by ARTI SINGH ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OFUTTARAKHAND,2. 5. 4. 20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND,serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGHDate: 2024. 12. 10 10:54:52 +05'30'
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.