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Uttaranchal Court August 2010 Judgments

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Aug 02 2010

Balak Nath Yogi and ors. Vs. State of Uttaranchal and anr.

Court: Uttaranchal

Decided on: Aug-02-2010

1. Heard Mr. Tapan Singh, Advocate for the petitioners and Mr. Amit Bhatt, Addl. GA for the State. 2. This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the chargesheet dated 2.6.2006 and the summoning order dated 13.6.2006 passed in Criminal Case No. 2584/2006, State v. Jai Gopal under Section 147/323/504/506 IPC and 3 (1) 10 of SC & ST Act pending in the Court of CJM, Haridwar. 3. Facts, in brief, are that respondent no. 2 lodged an FIR with PS Jawalapur on 24.4.2006 with the averments that on 30.3.2006 at about 7 pm, petitioner Balak Nath along with his four associates which can be identified by him entered in the temple which is under his possession and hurled abuses on him by stating that the said property belongs to him and asked him to leave the said property. When the complainant asked him not to hurl abuses, then he beaten him with the fists. On hearing the noise, Ishwarchand came to save him. Then they also ab...


Aug 02 2010

Ravindra Singh Bisht @ Dheeru @ Dheerendra Singh, and ors. Vs. the Sta ...

Court: Uttaranchal

Decided on: Aug-02-2010

1. This criminal appeal, preferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 22/23.07.1999 passed by the Sessions Judge, US Nagar, Rudrapur in Sessions Trial No.4 of 1998, State v. Ravindra Singh Bisht @ Dheeru @ Dhirendra Singh & others, whereby the learned Sessions Judge has convicted the appellants/accused for the offence punishable u/s 304 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to ten years' rigorous imprisonment with fine of Rs.3,000/- each. Each of the appellant/accused was further convicted u/s 354 IPC and was sentenced to one year's R.I. each; each of them was further convicted u/s 147 IPC and was sentenced to one year's R.I. each; each of them was further convicted u/s 323/149 IPC and was sentenced to six months' R.I. All the sentences were directed to run concurrently. It was further directed that in case of def...


Aug 02 2010

Manoj and ors. Vs. State of Uttaranchal and anr.

Court: Uttaranchal

Decided on: Aug-02-2010

1. Heard Mr. Tapan Singh, Advocate holding brief of Mr. Lok Pal Singh, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. MS Tyagi, Advocate for the respondent no. 2.2. This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the summoning order dated 22.7.2005 as well as the entire proceedings of Complaint Case No. 56/2004, Smt. Moorti v. Manoj & Ors. under Section 436/440/506 IPC pending in the Court of Judicial Magistrate, Laksar.3. Facts, in brief, are that respondent no. 2 Smt. Moorti lodged an FIR with PS Laksar on 22.1.2004 at 3.30 pm with the averments that the petitioners set her hut on fire at 8 pm on 21.1.2004 when she was sitting in the hut along with her children and also threatened to teach her a lesson. Petitioners also committed marpit with her husband, who suffered fracture injury and got admitted in Roorkee Hospital. The complainant somehow managed to save herself and her children, but ...


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