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Hon'ble Vivek Bharti Sharma, J.

Though these three petitions viz. C482 No.786 of 2014, WPCRL No.249 of 2024 and WPCRL No.318 of 2024 were heard and reserved by this Court on different dates but since the issues involved in these petitions arise out of the same incident involving same question of facts and law, therefore, for better adjudication of the case, these petitions are being decided by this common judgment.

2. By means of C482 No.786 of 2014, petitioners seek quashing of charge-sheet dated 07.03.2014 and the summoning order dated 17.06.2014 as well as the entire proceedings of Criminal Case No.1904 of 2014 "State vs. Ravi Dev Anand and others", under Sections 452, 325, 354, 147, 148, 323, 427, 504, 506 of IPC pending in the court of Judicial Magistrate-I, Dehradun.

5. After investigation of the case, charge-sheet was submitted against the petitioners under Sections 452, 325, 354, 147, 148, 323, 427, 504 and 506 of IPC whereon the learned Magistrate, by the impugned order dated 17.06.2014, took the cognizance and registered it as Criminal Case No.1904 of 2014 summoning the petitioners by impugned order to face trial under the aforesaid sections.

6. Heard.

7. Submissions on behalf of petitioners a. The learned Senior Counsel for the petitioners would submit that the true genesis of the incident is that the 2024:UHC:8677 property in question is the property of VHP by virtue of a Gift Deed executed and registered by its owners on 01.10.2012; that, on 11.10.2012 when the petitioner no.2 was convening meeting of volunteers of VHP in the property in question at noon, respondent no.2/complainant along with 10-20 other persons with all preparations came at the property in question and started abusing and beating him and other volunteers with plan to take forcible possession of the property in question; that, the complainant and his associates were armed with weapons and they assaulted petitioner no.1 and other volunteers; that, to report this incident of criminal act petitioner no.2 lodged a FIR at P.S. Nehru Colony, Dehradun under Sections 147, 307, 323, 504, 506 of IPC.

l. It was also the submission of learned senior counsel for the petitioners that it is the respondent no.2 and his cahoots who were the aggressors and the petitioners and other volunteers only exercised their right of private defence of life and property.

8. Along with the petition, petitioners filed the following documents:-

(i) Copy of Civil Suit filed by respondent no.2 as Annexure-1.

(ii) FIR of Case Crime No.202/2012 u/s 147, 307, 323, 504 and 506 of IPC lodged by petitioner no.2 2024:UHC:8677 against respondent no.1 Subhash Mittal, Prashant, Himanshu, Harendra Rawat and 10-20 other unknown persons on 11.10.2012 at 07:30 pm at P.S. Nehru Colony, Dehradun as Annexure-2 with allegations that on 11.10.2012 in between 12-12.30 pm respondent no.2 and his men had come at the office of VHP where the petitioner no.2 was sitting along with other volunteers in a meeting and attacked petitioners and other volunteers of VHP with sticks and other weapons, in order to take forcible possession of the property in question, inflicted severe injuries to petitioner no.2 and other persons sitting there in which petitioner no.2 sustained severe injuries on his head for which he got seven stitches on his head.

39. By means of Writ Petition (Criminal) No.249 of 2024 and Writ Petition (Criminal) No.318 of 2024, petitioners seek quashing of FIR/Case Crime No.202 of 2012 dated 11.10.2012 registered at P.S. Nehru Colony, District Dehradun, under Sections 147, 307, 323, 504 & 506 of IPC with prayer as under:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 11.10.2012 being Case Crime No.202 of 2012, registered under sections 147, 307, 323, 504 & 506 of IPC, Police Station Nehru Colony, District Dehradun (annexed as Annexure no.1 to this writ petition).