LAWS(UTN)-2010-5-26

SAMAY SINGH Vs. STATE OF UTTARAKHAND

Decided On May 10, 2010
SAMAY SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) 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 proceedings of criminal case No. 2446 of 2003 (crime No. 123 of 2002), State vs. Pehal Singh & others, relating to offences punishable under section 420, 409, 465, 467, 468, 471 & 120-B I.P.C., P.S. Laksar, Haridwar, pending in the court of Additional Chief Judicial Magistrate, Haridwar.

(2.) HEARD learned counsel for the parties.

(3.) LEARNED counsel for the petitioners submitted that as per the procedure for granting loans, the Field Officer of the Bank was the person responsible who was required to verify the photographs of the villagers, the agricultural land owned by them and other particulars. It is pleaded that it was not job of the petitioners who are shop keepers to verify the facts as to the identity of the farmers. It is also pointed out that the first information report is highly belated one as transactions are of the year 1996 and first information report is lodged in the year 2002. It is also submitted that now the farmers have given their affidavits (copy Annexure 12 to Annexure 18) stating that they had received the loans.