Vishan Dutt and Others vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioners have sought quashing of the proceedings of criminal compliant case No. 333 of 2010, Gopi @ Bhaskar v. Vishan Dutt and Ors. relating to offence punishable u/s 324 Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal.

Learned Counsel for the Petitioners submitted that the impugned criminal complaint is counter blast to the criminal case filed against the complainant Gopi @ Bhaskar Singh and Ors. relating to offences punishable u/s 147, 307, 504, 427 Indian Penal Code.

In reply to above, learned Counsel for the Respondent No. 2 drew attention of this Court to the injury report (Annex. 1 to the counter affidavit) which relates the injury suffered by Gopi @ Bhaskar Singh recorded by Emergency Medical Officer of Government Hospital, Kotdwar, on 25.08.2007. Also it is pointed out on behalf of the Respondent No. 2 that after x-ray, the injury was found to be grievous in nature as is apparent from the medical registration slip (copy Annex. 4 to the petition) and x-ray report (Annex. 2 to the petition to the counter affidavit).

Having considered submissions of learned Counsel for the parties, this Court finds that it is factual dispute between the parties as to who is the aggressor which cannot be decided by this Court with half baked evidence before it. It is for the trial court to examine if the Petitioners are innocent or not.

Therefore, the petition u/s 482 Code of Criminal Procedure, is dismissed with the observation that if the Petitioners namely Vishan Dutt, Smt. Leela, Smt. Madhu, Dharmanand and Maheshanand surrender before the court concerned or appear before it their bail application shall be heard and disposed of without unreasonable delay. (Stay vacation application No. 528 of 2011, stands disposed of).