RAMESH CHANDRA KARNATAK Vs. STATE OF UTTARAKHAND

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 charge- sheet dated 1.6.2007 filed in Criminal Case No.3128 of 2007 pending before Addl. CJM, Haldwani U/s 420/467/ 468/471 IPC and also to quash the orders dated 5.5.2008 (contained as Annexures 16 and 17 respectively) passed by the court below.

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

(3.) In brief, the facts of the case are that on 15.3.2007, respondent no.3-Daljeet Singh lodged an FIR stating therein that in the year 1997, he entered into an agreement with the petitioner Ramesh Karnatak for selling his land and an agreement was also reduced in writing which came to end in the year 2000. That even after a lapse of plenty of time of the said agreement, the petitioner, without bringing into the knowledge of the complainant, started making transactions for selling complainant's land. When the complainant came to know, he resisted to it for which the petitioner also tried to obtain stay order from the court below, but the application of the petitioner came to be dismissed by the court considering the same to be forged. It was further stated that the said agreement issued by the petitioner under the signatures of the respondent no.3/ complainant is absolutely false and fabricated, copy of which was also annexed and on the basis of that certificate, the petitioner was performing the transactions for selling the land of the respondent no.3 thereby causing loss to him and a copy of the said affidavit was also annexed by the complainant along with the FIR. Thereafter, the matter was investigated and after completing the investigation, the I.O. submitted the charge sheet against the petitioner on 1.6.2007 U/s 420/467/468/471 IPC, on the basis of which the learned ACJM took cognizance and directed to register the case on 5.11.2007. Thereafter, the petitioner appeared before the court below and moved an application on 10.4.2008, with the averments that the since the offence in question comes within the purview of Section 195 Cr.P.C., therefore, the cognizance cannot be taken by the court. The learned ACJM, Haldwani vide a detailed order dated 28.4.2008 rejected the said application and post the case for 5.5.2008 for framing of charge. Thereafter, the petitioner filed his objection against the framing of charge by moving an application, on which the court below vide order dated 5.5.2008 found that against the petitioner, prima facie the offences punishable u/s 467/468/471/420 IPC are made out and accordingly the court below proceeded for framing of charge. On the same day i.e. 5.5.2008, the charges punishable under Sections 467/468/471/420 IPC were framed against the petitioner. Assailing the charge sheet as well as both the orders dated 5.5.2008, the petitioner has filed this petition.