Uttarakhand High Court
Rekha Thapa And Others … vs State Of Uttarakhand And Another on 4 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 1660 of 2022
04th March, 2025
Rekha Thapa and others .......Applicants
Versus
State of Uttarakhand and another .........Respondents
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Presence:-
Ms. Abhilasha Tomar, Advocate holding brief of Mr. Sandeep Kothari, Advocate
for the applicants.
Mr. B.C. Joshi, A.G.A with Ms. Shweta Badola Dobhal, B.H. for the State.
Mr. Nalin Saun, Advocate for respondent no.2/informant.
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Hon'ble Pankaj Purohit, J.
The present C482 application has been filed by the
applicants assailing the order dated 27.07.2022, passed by learned IInd
Additional Chief Judicial Magistrate, Dehradun in Criminal Case
No.5489 of 2022, State Vs. Rekha Thapa and others, pending before
the said court.
2. Facts of the case in a nutshell are that an F.I.R. was
lodged by respondent no.2 against the applicants before the Police
Station – Cantt, District – Dehradun stating therein that on 06.11.2021
when she was alone in her house, applicants came near her house,
began to hurl abuses and also committed maarpeet with her due to
which she sustained severe injuries and while going away they also
threatened to kill her.
3. On the said report, the matter was investigated and a
charge sheet was filed against the applicants under Sections 147, 323,
504 and 506 of IPC.
4. Learned IInd Additional Chief Judicial Magistrate,
Dehradun by its order dated 27.07.2022 has summoned the applicants
under the aforesaid sections to face trial. Hence, this petition.
5. I have heard learned counsel for the parties and carefully
perused the material available on record.
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6. In this case the allegation against the applicants is of
entering the house of the informant and commission of maarpeet with
her with a further threat to kill her in future.
7. The medical report of the injured has also been brought
on record as annexure no.2.
8. Learned counsel for the applicants submits that it is a
matter of false implication and no offence is made out against the
applicants.
9. On the other hand, learned counsel for respondent no.2
submits that the allegations leveled against the applicants are of
illegally entering her house and committing maarpeet with respondent
no.2 – informant.
10. The fact as to whether the offence was actually
committed by the applicants or not can only be determined in
appropriate proceedings before the trial court and the same can only
be done after evidence is adduced by the parties.
11. This Court at this stage is satisfied that, prima facie,
offences alleged against the applicants are made out.
12. Accordingly C482 application fails and is hereby
dismissed.
13. Interim order dated 19.09.2022 is vacated. The trial court
is directed to proceed with the trial ahead expeditiously.
(Pankaj Purohit, J.)
04.03.2025
SK
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