H D KANDPAL S/O LATE SHRI TARA DUTT KANDPAL, SECRETARY/GENERAL MANAGER, UTTARKASHI DISTRICT COOPERATIVE BANK LTD , PRESENT WORKING AS SECRETARY/GENERAL MANAGER, DISTRICT COOPERATIVE BANK LTD PRESENT WORKING AS SECRETARY/GENERAL MANAGER ALMORA DISTRICT COO Vs. STATE OF UTTARAKHAND AND; KEDAR SINGH RAWAT S/O LATE SHRI BALAM SINGH RAWAT

JUDGEMENT

(1.) By means of this petition, moved Under Section 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 89 of 2004 Kedar Singh Rawat v. Ram Niwas and Ors. relating to offences punishable under Section 109, 120B, 166, 167, 465 and 469 of I.P.C., pending in the court of Judicial Magistrate, Uttarkashi.

(2.) Heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that the respondent No. 2/complainant filed a criminal complaint before Chief Judicial Magistrate, Uttarkashi, against Returning officer and the officers of Uttarkashi District Cooperative Bank Ltd. Uttarkashi, with the allegation that in the election scheduled to be held on 6th and 7th July 1999, the accused including the petitioner committed illegality/irregularities in rejecting and accepting the nomination papers of the candidates in the process of election for the post of Director, Chairman, Deputy Chairman of the District Cooperative Bank. The Magistrate, after recording the statement of the complainant under Section 200 and that of witnesses under Section 202 of Cr.P.C summoned the accused including the petitioner H.D. Kandpal, General Manager/Secretary of Uttarkashi District Cooperative Bank, to face the trial in respect of offences punishable under Section 109, 120B, 166, 167, 465, 469 of I.P.C.