IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 424 of 2011 Madan Lal S/o Shri Ratan Lal R/o Village Seemgai (Birooli) Patti Chauna Tehsil Gangolihat, District Pithoragarh Presently residing at House No. A-54/86,Swami Shardhanand Colony, Bhalaswa Dairy Delhi-42 ………..…Petitioner Versus 1. Kishan Ram @ Bahadur Singh S/o Shri Mohan Ram 2. Dhanu, S/o Shri Mohan Ram 3. Rajan Ram, S/o Shri Mohan Ram 4. Fakir Ram, S/o Shri Johar Ram 5. Jaggu @ Jagdish Ram S/o Shri Johar Ram 6. Smt. Hira Devi W/o Pani Ram All R/o Village Seemgai (Birooli) Patti Chauna Tehsil Gangolighat, District Pithoragarh 7. Chief Judicial Magistrate, Pithoragarh ....……Respondents Shri Hari Mohan Bhatia, Advocate, present for the petitioner. Shri Amit Bhatt, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 2. By means of this petition moved under Section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioner has sought quashing of the order dated 23.11.2010, passed by Chief Judicial Magistrate, Pithoragarh, whereby final report no. 5 of 2009, has been accepted by said court. 3. Brief facts, of the case, are that one Ganesh Ram was found lying dead in a hilly terrain within the limits of Village Chauna, Tehsil Gangolihat, District Pithoragarh. On report of said death, the Revenue Official having police powers went to the spot, and prepared inquest report on 21.02.2009, at about 10:30 a.m., after taking dead body of Ganesh Ram in their possession. Dead body was sent for post-mortem examination. Post-mortem was conducted on the very day (21.02.2007) by one Dr. Sanjeev Kharakwal, who found large laceration on the parietal occipital region of skull, and some abrasions on the chest and abdomen. In the inquest report the PANCHAS had opined that deceased might have died after getting fallen in a hilly terrain. The Medical Officer had simply mentioned that the deceased had died of ante- mortem injury suffered by him. The First information report appears to have been lodged by the present petitioner Madan Lal after about fifteen days of the incident on 06.03.2009, suspecting that 3 accused/respondent nos. 1 to 6 have committed murder of Ganesh Ram. On the basis of the said report, crime no. 01 of 2009, was registered by Patti Patwari, Chauna. After investigation, the Patti Patwari opined that there is no evidence of commission of murder by the accused/respondent nos. 1 to 6, and deceased appears to have fallen in a hilly terrain. Accordingly, the Investigating Officer submitted final report no. 5 of 2009. 4. Notices were sent by the Magistrate to the complainant (present petitioner) who filed protest petition. He was heard by the Chief Judicial Magistrate, before final report was accepted. The Chief Judicial Magistrate, also took the view that there is no evidence on record on the basis of which it can be said that the accused/respondent nos. 1 to 6 have committed murder of Ganesh Ram. 5. Learned counsel for the petitioner submitted that there was enmity between the accused/respondent nos. 1 to 6, and the deceased Ganesh Ram. From the perusal of the papers on record, it appears that the accused/respondent Fakir Ram was annoyed with the deceased as he did not vote in his favour in the election of Village Pradhan. But said election appears to have taken place in the 4 year 2007. It is admitted that in the year 2008, there was compromise between both the parties. As such, there was no occasion for the accused/respondent nos. 1 to 6 to commit crime in the year 2009, only for the reason that in the year 2007, vote was not casted in favour of Fakir Ram by the deceased. Learned counsel for the petitioner further argued that investigation was not done properly in this case. 6. Having heard learned counsel for the parties, and after going through the papers on record, this Court does not find it fit case to interfere under section 482 Cr.P.C., with the acceptance of the final report by the Magistrate. Therefore, the petition is dismissed summarily. (Prafulla C. Pant, J.) Parul 16.05.2011