IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Miscellaneous Application No. 2305 of 2019

(Under Section 482 CrPC)

Pervej

…... Applicant

Versus

State of Uttarakhand & Another

….…Respondents

Mr. Aditya Pratap Singh, Advocate, for the accused applicant.

Mr. Dinesh Chauhan, Brief Holder, for the State.

Judgment reserved on : 13.11.2019

Judgment delivered on : 15.11.2019

Hon’ble N.S. Dhanik, J.

This Criminal Miscellaneous Application,

under Section 482 CrPC, is preferred to quash the

summoning order dated 21.6.2019 passed by the

Additional

Chief

Judicial

Magistrate,

Roorkee

in

Criminal Case No. 1448/2019, State v. Shavez &

Another, under Sections 332, 353, 504 IPC.

2.

The background facts of the case are that

respondent no. 2, who is working as Additional Sub-

Divisional

Magistrate,

Roorkee,

District

Haridwar,

lodged an FIR on 3.6.2018 stating that at 12.30 PM on

the said date, he along with his revenue team,

comprising of Lekhpal Sri Brijbhushan and Homeguard

Sri Vikram, was carrying out the drive against the use

of banned plastic bags in the city;