LAXMI DATT DHONDIYAL S/O LATE SHRI TARA DATT DHONDIYAL, MANAGING DIRECTOR, SRIVALIK REAL ESTATE PROMOTORS PVT. LTD. AND Vs. STATE OF UTTARANCHAL,

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of criminal case no 1194 of 2000 Pan Singh v. Laxmi Dutt Dhondiyal and Anr. relating to offences punishable under Section 420, 379, 380, 392 I.P.C. Police Station Haldwani, District Nainital, pending in the court of Judicial Magistrate, Haldwani.

(2.) HEARD learned Counsel for the parties and perused the affidavit, counter affidavit and supplementary affidavit.

(3.) BRIEF facts of the case are that complainant Pan Singh Bisht is a Junior Engineer with Kumaon Mandal Vikas Nigam (KMVN), a Public Sector Undertaking. He lodged the criminal complaint against petitioner, in respect of offences punishable under Section 420, 379, 380, I.P.C. alleging that the petitioners on 11.11.1997 took away 3,50,000 bricks in a truck, even after being stopped by Chowkidar Balwant Singh. It is pleaded by the complainant that the Tourist Guest House of KMVN was under construction and the construction agency was that of the petitioners.