PARAMJEET BATRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, respondents 3, 4 an one Rajpal are the accused in Criminal Case No. 723 of 2005 (charge-sheet No. 32/2005) pending on the file of the Judicial Magistrate, Khatima, District Udham Singh Nagar. Respondent 2 is the complainant. The appellant and respondents 3 and 4 filed a petition under Section 482 of the Code of Criminal Procedure (for short "the Code") in the High Court of Uttarakhand at Nainital for quashing of the above mentioned proceedings and for quashing of the order of cognizance dated 22/3/2005 passed thereon by the Judicial Magistrate, Khatima against the appellant and the other accused for the offences punishable under Sections 406, 420, 467, 468, 471, 447, 448 read with Section 34 of the Indian Penal Code (for short "the IPC"). By order dated 29/09/2011 Uttarakhand High Court dismissed the said petition. The said order is impugned in this appeal.

(3.) Respondent 2 filed a complaint against the appellant, respondents 3, 4 and five others at Police Station Kotwali Khatima, District Udham Singh Nagar on 4/1/2005. Respondent 2 inter alia alleged in the complaint that he had let out two shops situate in Khatima market to Rajpal Singh on fixed written conditions. After Rajpal Singh vacated the shops he wanted to run chicken corner in the said shops. He appointed the appellant as Manager and invested Rs.10,000/- for purchasing raw materials. Written agreement was prepared containing fixed terms and conditions. The business picked up and started fetching profit of Rs.1,000/- to Rs.1,500/- per day. According to respondent 2, the appellant conspired with others to grab the shop. He filed a civil suit claiming tenancy. He did not give accounts of the profit. The appellant and other accused prepared false documents and filed them in the court. According to respondent 2, they threatened him that if he does not take monthly rent of Rs.750/- he would be killed. He has been told that if he gives Rs.3 lakhs then they would vacate the shop. Respondent 2's further case in the complaint is that the accused have grabbed two years' income and materials worth Rs.50,000/. They have also misappropriated an amount of Rs.10,000/- which was given to them in cash by him. According to respondent 2, accused have forcibly taken possession of the shop. After conclusion of investigation, charge-sheet was forwarded to the Judicial Magistrate, Khatima, who took cognizance against the appellant, respondents 3 and 4 and one Rajpal.