AMAR NATH GOSWAMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 27.04.2010, passed by Chief Judicial Magistrate, Champawat, in Criminal Case No. 195 of 2009, state vs. Suresh Ram and others relating to offences punishable under section 420, 467, 468, 471, 120-B of I.P.C.

(3.) Brief facts of the case are that there were certain complaints relating to cheating, forgery and criminal conspiracy in respect of amount drawn by certain beneficiaries under the " JAN SHREE BEEMA YOJANA" floated by the Government. Mr. Narain Singh Dangi, Sub Divisional Magistrate, Lohaghat, conducted a detailed enquiry in the matter before getting lodged the First Information Report. On the basis of the enquiry report of Sub Divisional Magistrate, complainant/respondent no.2 Mahipal Singh Chauhan, Assistant Manager, Uttarakhand Multipurpose Finance and Development Corporation, Champawat, lodged the First Information Report against nine accused, namely Suresh Ram, Smt Basanti Devi, Smt Radhi Devi, Smt Dharma Devi, Smt Janki Devi, Smt Jhupa Devi, Rajesh Chandra Joshi, Ganga Dutt Nariyal and Het Ram Bohara. Said report was registered as Crime No. 180 of 2008, relating to offences punishable under section 420 I.P.C, with police station Kotwali Champawat. After investigation, charge sheet was filed by the Investigating Officer against the aforesaid nine persons, in respect of offences punishable under section 420, 476, 478, 471, 120-B of I.P.C. During the trial statement of PW1 N.S Dangi, Sub Divisional Magistrate was recorded. After his statement was recorded, that the trial court vide its impugned order dated 27.04.2010, directed the petitioner Amar Nath Goswami and 11 others be summoned to face the trial, exercising the powers under section 319 of Cr.P.C.