PURAN LAL @ PURAN S/O LATE SHRI SHYAMLAL Vs. STATE OF UTTARANCHAL (UTTARAKHAND) THROUGH THE DISTRICT MAGISTRATE,

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the Petitioner has sought quashing of the proceedings of Criminal Case No. 16 of 2005 Bhola v. Tejpal Gupta, pending in the court of Judicial Magistrate, C.B.I, District Dehradun relating to offences punishable under Section 420 and 406 I.P.C.

(2.) LEARNED Counsel for the Petitioner submitted that complainant Bhola filed a criminal complaint before the trial court alleging that accused Tejpal (not Petitioner) took money from several persons namely Bhola (complainant), Mukesh, Sunil, Jayram, Kishanlal, Pradeep Kumar, Harbans, Vijay Kumar and one Sethi disappeared with the amount collected from the aforesaid persons. Petitioner's case is that, he is resident of District Badaun and father in law of accused Tejpal Gupta. It is pleaded that he was simply been roped only for the reasons that he is father in law of Tejpal Gupta. The co accused is resident of Basant Bihar Dehradun.

(3.) IN the opinion of this Court, it is for the trial court to examine whether the actually cheating was done by the accused as alleged in the criminal complaint or not. It is not desirable on the part of this Court to give its opinion on the basis of half baked evidence that the accused (present Petitioner) is innocent. Learned Counsel for the State pointed out that after investigation, in the similar report, already a charge sheet has been filed against accused Rakesh and Shyam Bihari, and names of Tejpal and Puran are shown as absconding accused. Copy of said charge sheet is Annexed as Annexure 1 to the petition.