Rekha Thapa And Others vs State Of Uttarakhand And Another

Pankaj Purohit, J

The present C482 application has been filed by the applicants assailing the order dated 27.07.2022, passed by learned IInd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No.5489 of 2022, State Vs. Rekha Thapa and others, pending before the said court.

Facts of the case in a nutshell are that an F.I.R. was lodged by respondent no.2 against the applicants before the Police Station – Cantt, District – Dehradun stating therein that on 06.11.2021 when she was alone in her house, applicants came near her house, began to hurl abuses and also committed maarpeet with her due to which she sustained severe injuries and while going away they also threatened to kill her.

On the said report, the matter was investigated and a charge sheet was filed against the applicants under Sections 147, 323, 504 and 506 of IPC.

Learned IInd Additional Chief Judicial Magistrate, Dehradun by its order dated 27.07.2022 has summoned the applicants under the aforesaid sections to face trial. Hence, this petition.

I have heard learned counsel for the parties and carefully perused the material available on record.

In this case the allegation against the applicants is of entering the house of the informant and commission of maarpeet with her with a further threat to kill her in future.

The medical report of the injured has also been brought on record as annexure no.2.

Learned counsel for the applicants submits that it is a matter of false implication and no offence is made out against the applicants.

On the other hand, learned counsel for respondent no.2 submits that the allegations leveled against the applicants are of illegally entering her house and committing maarpeet with respondent no.2 – informant.

The fact as to whether the offence was actually committed by the applicants or not can only be determined in appropriate proceedings before the trial court and the same can only be done after evidence is adduced by the parties.

This Court at this stage is satisfied that, prima facie, offences alleged against the applicants are made out.

Accordingly C482 application fails and is hereby dismissed.

Interim order dated 19.09.2022 is vacated. The trial court is directed to proceed with the trial ahead expeditiously.