SUSHMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have challenged the summoning order dated 27.08.2003, and the proceedings of Criminal Case No. 319 of 2003, Puran Singh Vs. Lokesh and others, relating to offences punishable under Section 420, 500, 467, 468 of I.P.C., pending in the court of Special Judicial Magistrate II, Haridwar.

(2.) Heard learned counsel for the petitioners and learned counsel for the State. None appeared on behalf of respondent No. 2, even after there being sufficient service on him.

(3.) Brief facts of the case are that respondent No. 2 Puran Singh (complainant), moved an application under Section 156(3) of Cr.P.C., before the Chief Judicial Magistrate, Haridwar, praying that criminal case be registered against the petitioners in respect of offences punishable under Section 420, 468, 452, 506, 467, 471 of I.P.C. It is alleged in said application (copy Annexure 1 to the present petition) that Bhagwana (father of the complainant / respondent No. 2) died in the year 1975. He had four sons, namely Balbir Singh, Puran Singh (complainant), Babu Ram and Pritam Singh. Balbir Singh died during the lifetime of Bhagwana, and his wife Premwati got re-married to Pritam Singh. She (Premwati) had daughter Sushma (present petitioner No. 1) from the first wedlock. It is further alleged by the complainant Puran Singh that Sushma got married to Lokesh Kumar (petitioner No. 2), and got a Will dated 14th of March 1975, forged purporting to have been executed by Bhagwana, to claim share in the property left by Bhagwana. The Chief Judicial Magistrate appears to have treated the application under Section 156(3) of Cr.P.C. as criminal complaint, and transferred it to the court of Special Judicial Magistrate II, Haridwar. Said court, after recording the statement of the complainant under Section 200, and that of the witnesses under Section 202 of Cr.P.C., summoned the present petitioners, namely Sushma and Lokesh Kumar, to face the trial in respect of offences punishable under Section 420, 500, 467, 468 of I.P.C., vide impugned order dated 27.08.2003. The petitioners moved an application dated 21.03.2005, before the trial court (copy Annexure 3 to the petition), praying their discharge in the trial. The trial court vide its order dated 27.04.2005, dismissed their application. Hence, this petition.