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2021 Supreme(UK) 811

RAVINDRA MAITHANI
MRADUL TRIPATHI ALIAS MONU – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:Mr. R.C. Tamta, Advocate
For the State : Mr. Ranjan Ghildiyal, A.G.A. with Mr. Sachin Panwar, Brief Holder

JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code") has been preferred for quashing the charge-sheet dated 13.04.2017 as well as summoning order dated 29.07.2017, passed in Criminal Case No.2721 of 2017, State vs. Mradul Tripathi and others, under Sections 147, 353 and 332 IPC by the court of Judicial Magistrate, Khatima, District Udham Singh Nagar (for short, “the case").

2. Facts necessary to appreciate the controversy briefly stated are as follows. An FIR was lodged by the respondent no.2, Virendra Ramola, Senior Sub-Inspector Police (for short, “the informant") on 19.07.2017 under Sections 147, 353, 332 IPC against the petitioners and others. According to the FIR, on that day, the informant had gone to assist the Encroachment Removal Drive. At 04:00 PM, on that day, when encroachment done by one Khempal was being removed, the petitioners obstructed the police personnel from discharging their official duties. In the scuffle, which ensued the informant and others were also assaulted, due to which, the informant also sustained nail scratches. The informant got himself medically examined. Th

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