MOHAMMAD SHAKEEL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order-dated 26.9.2006 passed by the CJM, Tehri Garhwal in Crl. Case No.1432/2006, State Vs. Sanju @ Vivek & others, u/s 394, 120-B IPC and also to quash the charge sheet dated 23.9.2006 in Case Crime No.850/2006 and also to quash the proceedings of Crl. Case No/1432/2006 pending before CJM, Tehri Garhwal.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that respondent no.2-Siddharth lodged an FIR against unknown persons with the averments that on 1.6.2006 his clerk Ram Prakash and driver Pravesh had gone to Rudraprayag from Saharanpur by Wagon-R Car No.UP11-N-2239 and when they did not return till evening, then their whereabouts were enquired, however all were in vain. On 3.6.2006 at about 7 AM, his clerk informed the complainant that when he was returning from Rudraprayag, then at about 4 PM, a Tata Indica Car having board of C.E.O., stopped them by overtaking and informed that they are the Sales Tax Officer and further directed him (clerk) to get the vehicle checked. After that out of those four persons who were sitting in Indica Car, three persons sat in his Wagon-R car and then two persons pushed him and the driver inside the car and by pointing the revolver on his head, asked them to proceed. Thereafter, they started proceeded for Sahajahanpur and on the way at the place, namely, Bicholiya, he (the clerk) and the driver were pushed down and the accused ran away by taking the said Wagon-R car. In the car, 20 kilograms silver and Rs.5.00 lacs of cash was there which they also took with them. When the clerk and driver came back by train, then complainant brought them at the police station and lodged the report. Thereafter the matter was investigated and the charge sheet was filed against the petitioner u/s 394/120-B IPC on 23.9.2006. On the said charge shet, learned CJM, Tehri Garhwal vide order dated 26.9.2006 directed to register the case and took cognizance against the petitioner and accordingly summoned him. Hence, this writ petition.