J.S. KUSHWAHA Vs. STATE OF UTTARAKAND

JUDGEMENT

(1.) HEARD Mr. Rakesh Thapliyal, Advocate for the applicants, Mr. M.A. Khan, Brief Holder for the State of Uttarakhand/respondent Nos. 1 and 2 and Mr. U.P.S. Negi, Advocate for respondent No. 3.

(2.) THIS application under Section 482 of Cr.P.C. has been filed by the applicants challenging the entire proceeding in Criminal Case No. 333 of 2004 Uttam Singh v. J.S. Kushwaha and Ors. pending in the Court of learned Chief Judicial Magistrate, Pauri Garhwal.

(3.) THE learned Chief Judicial Magistrate after examining the complainant and the witnesses under Sections 200 and 202 of Cr.P.C. prima facie, came to the conclusion that Sri J.D. Kushwaha, General Manager, Sri H.P. Uniyal, Chief Engineer, Sri S.N. Shukla Executive Engineer of Garhwal Jal Sansthan, Pauri Garhwal have committed offence under Sections 430 and 406 of the Indian Penal Code and Sri O.P. Bahuguna, who was a Junior Engineer in Garhwal Jal Sansthan, Pauri Garhwal has committed an offence under Section 430/406/504/506 of I.P.C. and all of them have been summoned.