HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 695 of 2001 {Old No. 5564 of 1997} 1. Vishnu Prasad S/o Sri Jamuna Prasad 2. Sita Ram S/o Sri Narain Das Both R/o village Vindhanganj P.S. Dooddhi District Sobbhadra .......Applicants Versus 1. State of Uttaranchal 2. Babu Lal C/o Sri Shitla Prasad R/o 23/84 Khojwa Bazar District Varanasi ........Respondents Date: - 26th July, 2005 Hon’ble J. C. S. Rawat, J. 1. The petition under section 482 Cr.P.C. was filed for quashing the complaint case No.839/1997 under section 342, 323, 504 I.P.C. pending before the Chief Judicial Magistrate, Uttarkashi and summoning order dated 29.5.1997. 2. None appeared for the applicants, despite service. I have heard Sri G.S. Sandhu learned A.G.A. 3. The factual position in a nutshell is that on 29.5.1997 the respondent no.2-Babu Lal filed a complaint before Sri Vijay Kumar Sharma, the then Chief Judicial Magistrate, Uttarkashi under sections 342, 323, 504 I.P.C. with the allegations that on 15.5.1997 when the complainant reached at Uttarkashi Railway Station the applicants called him outside the station, wherein he was threatened by the applicants to leave the service of Shitla Prasad. Otherwise, he will be abducted by them. Thereafter, the complainant ran towards the railway platform of Uttarkashi. 4. Perusal of the record reveals that the complaint filed by the respondent No.2 is totally false and fictitious as there is no railway station at Uttarkashi. It is a hilly area and there is no link of train from Rishikesh upto Uttarkashi. Therefore, the proceedings deserve to be quashed. It is pertinent to mention here that the applicants have also alleged that the complainant has made false allegations as there was no railway station at Uttarkashi. 5. In view of the foregoing discussion, the proceedings of complaint case No. 839/1997 pending before the C.J.M., Uttarkashi is quashed and the summoning order dated 29.5.1997 is set aside. (J.C.S. Rawat. J.) Dated 26.7.2005 LSR