IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc.Application (C482) No. 860 of 2011 Pawan Tyagi, S/o Shri Mahendra Tyagi, R/o Lane No.12, in front of Saint Merry School, Subhash Road, P.S. Clementown, Resent Address 25 Park Road, P.S. Patel Nagar, District Dehradun. ….…..Petitioner Versus 1- State of Uttarakhand Through Secretary Home Dehradun. 2- Sudhir Tyagi S/o Shri Sukhveer Singh Tyagi R/o Village Jhabiran, P.S. Devband, District Saharanpur (U.P.) 3- Prince Tyagi S/o Shri Sukhveer Singh Tyagi R/o Village Jhabiran, P.S. Devband, District Saharanpur (U.P.) 4- Gagan Tyagi S/o Shri Vinod Kumar Tyagi R/o Village Poora, P.S. manshurpur, Muzaffarnagar (U.P.). 5- Jugnu Tyagi, S/o Shri Satya Pal Singh, R/o Shanti Vihar, P.S. Patel Nagar, District Dehradun. ……Respondents Mr. R.P.Nautiyal, Advocate, present for the petitioner. Mr. B.S. Parihar, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has challenged order dated 22.05.2010, passed by Additional Chief Judicial Magistrate IInd, Dehradun, 2 whereby the said court has rejected the application moved by the petitioner under Section 156 (3) of Cr.P.C. Also order dated 29.01.2011, passed by 3rd Additional Sessions Judge, Dehradun, in criminal revision No. 85 of 2010, is challenged, whereby the revisional court has affirmed the order passed by the Magistrate. 3) From the papers on record, it appears that the crime No. 17 of 2010, was registered against the petitioner Pawan Tyagi, in respect of offences punishable under Section 307, 504, 506 of I.P.C. The Magistrate and the revisional court were of the view that the application moved by the petitioner under Section 156 (3) of Cr.P.C., was a counter blast attempt to the case registered against him. 4) Having considered submissions of learned counsel for the petitioner, and the learned counsel for the State, this Court does not find any illegality in the impugned orders. 5) Therefore, without expressing any opinion as to final merits of the allegations, the petition under Section 482 of Cr.P.C. is dismissed with the observation that the petitioner Pawan Tyagi, if he so likes, may file criminal complaint before the Magistrate concerned, who shall consider the same in accordance with law. (Prafulla C. Pant, J.) 20.09.2011 JM