IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.805 OF 2009 (U/S 482 Cr.P.C.) Hari Raj ……… Applicant Versus Madan Singh ……… Respondent Dated: October 28, 2009 Mr. Rajeev Sharma, Advocate for the applicant None for the respondent HON. DHARAM VEER, J. This application moved u/s 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) is directed with a prayer to quash the proceedings of criminal case no.272/2008, Madan Singh Vs. Man Singh and others under Sections 427, 504 and 506 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC). It is further prayed to quash the order dated 17.1.2009 passed by Judicial Magistrate, Narendranagar, District Dehradun in above case, whereby the learned Judicial Magistrate has taken the cognizance against the applicant under Sections 427, 504 and 506 IPC. Heard learned counsel for the applicant and perused the material in file. Brief facts of the case are that the respondent- Madan Singh filed a complaint before Chief Judicial Magistrate, Tehri Garhwal stating therein that he is having a tea stall along with his friend Manohar. On 18.7.2008 at 6:00 P:M when he was at his shop, the present applicant along with other co-accused persons came at his shop and had taken tea and snacks etc. When the respondent asked for the payment of Rs.150/-, the applicant along with other co-accused abused him in 2 filthy language and damaged the articles lying in the shop of respondent due to which loss of about Rs.3000/- caused to him. On hearing the noise of the respondent, other persons came at the spot who saved him from the applicant. Information to this effect was given by him (respondent) at P.S. Narendranagar on which patrolling police arrested the applicant along with other accused persons but after some time all of them were released by the police. Thereafter, the respondent again lodged complaint at P.S. Narendranagar and an application was also moved by him to S.P., Tehri Garhwal through U.P.C. but no action was taken on the same. Thereafter, this complaint was registered as Criminal Case No.272/2008 against the applicant. The complainant in support of his case examined himself u/s 200 Cr.P.C. and also got produced Ram Kumar u/s 202 Cr.P.C. After hearing learned counsel for the parties and appreciating the material on record, learned Judicial Magistrate, Narendranagar vide his order dated 17.1.2009 took the cognizance against the applicant Hari Raj u/Ss 427, 504 and 506 IPC and directed him to appear before the court to face the trial. Against that order, the applicant has preferred this application u/s 482 Cr.P.C. before this Court. It is well settled that while exercising jurisdiction u/s 482 of the Cr.P.C., the High Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. The trial court will decide the case after recording the evidence of the complainant as well as of the accused persons and also on the basis of the appreciation of the evidence as per law. 3 From a perusal of the contents of the complaint and the statements recorded u/Ss 200 and 202 Cr.P.C. and other documents, it is clear that neither there is any abuse of process of court not there is miscarriage of justice. I am of the considered view that at this stage prima facie the offences punishable u/Ss 427, 504 and 506 IPC are made out against the applicant. For the reasons recorded above, there is no force in this application. The C482 application is dismissed in limine. (Dharam Veer, J.) 28.10.2009 RG