DHARMESH KUMAR 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 order dated 21.6.2010 and the entire proceedings in Criminal Case No.3946 of 2010, State Vs. Avdhesh & others, U/s 420/467/468/471/193/323/506 IPC, pending before CJM, Haridwar.

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

(3.) In brief, the facts of the case are that respondent no.2 lodged an FIR that her husband Hitesh Kumar had expired on 21.2.2000 and since then she is the legal successor of her husband. However, the petitioners and co-accused Avinash (now died), in order to get undue advantage, shown that Hitesh Kumar died unmarried and by fabricating the forged and fake documents, got their names mutated in the land Khasra No.2237, Village Jwalapur vide Suit No.212 of 2000 before the court of Tehsildar, Haridwar, however this fact was very well in their knowledge that the complainant is the widow of Hitesh Kumar and thus the petitioners cheated the complainant. It was also stated that in another case no.19/99, the court of Civil Judge (S.D.) Haridwar held the complainant to be the legal heir of deceased Hitesh Kuamr and in the criminal revision no.138/2004 which was dismissed on 19.1.2006, she was held to be the legal heir of Hitesh Kumar. It was also stated that thus the petitioners and co-accused have committed forgery upon the complainant. When she came to know about this fact on 10.11.2008, she demanded her rights on which the petitioners Avdhesh and Dharmesh used to threat her to her life. On 5.5.2010 also, the petitioners Avdhesh and Dharmesh committed Marpit with her and made her go away by giving threat to her life. With these averments the FIR was lodged on 6.5.2010 at PS Jwalapur, Distt. Haridwar on the basis of which a case crime no.136/2010 u/s 420/467/468/471/323/506 IPC was registered against the petitioners. After that the matter was investigated and on completing the investigation, the IO filed the charge sheet against the petitioners u/s 420/467/468/471/193/323/506 IPC, on the basis of which learned CJM, Haridwar vide order dated 21.6.2010 took cognizance and summoned the petitioners under the aforesaid sections to face trial. Hence this petition.