K S KAFALIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973, (for short Cr.P.C,) the petitioners have sought quashing of the impugned order dated 27.04.2010, passed by Chief Judicial Magistrate, Champawat, in criminal case no. 195 of 2009.

(3.) Brief facts of the case are that there were certain complaints relating to cheating, forgery and criminal conspiracy in respect of amount drawn by certain beneficiaries under the "JAN SHREE BEEMA YOJANA" floated by the Government. Mr. Narain Singh Dangi, Sub Divisional Magistrate, Lohaghat, conducted detailed enquiry in the matter before getting lodged the first information report. On the basis of the enquiry report of the Sub Divisional Magistrate, complainant/respondent No. 2 Mahipal Singh Chauhan, Assistant Manager, Uttarakhand Multipurpose Finance and Development Corporation, Champawat, lodged the first information report against nine accused namely Suresh Ram, Smt. Basanti Devi, Smt. Radha Devi, Smt. Dharma Devi, Smt. Janki Devi, Smt. Jhupa Devi, Rajesh Chandra Joshi, Ganga Dutt Nariyal and Het Ram Bohara. Said report was registered as crime No. 180 of 2008, relating to offence punishable under section 420 of I.P.C., with police station Kotwali, Champawat. After investigation, charge sheet was filed by the Investigating Officer against the aforesaid nine persons, in respect of offences punishable under section 420, 476, 478, 471, 120-B of I.P.C. During the trial, the statement of P.W.1 N.S. Dangi, Sub Divisional Magistrate, was recorded. After his statement was recorded, the trial court (Chief Judicial Magistrate, Champawat) vide his order dated 27.04.2010, exercising powers under section 319 of Cr.P.C, directed twelve persons including two petitioners namely K.S. Kafalia and Madho Ram Arya to face the trial.