RAJA SINGH Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 47 of 2001 (arisen out of Crime No. 233 of 1998); State v. Raja Singh, relating to offences punishable under Section 420, 467, 468, 471 of I.P.C., pending in the court of Judicial Magistrate First, Dehradun.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit, rejoinder affidavit and Supplementary affidavit filed on their behalf. The supplementary affidavit filed today with the Criminal Misc. Application No. 1462 of 2010 is allowed to be taken on record.

(3.) Brief facts of the case are that a first information report (copy Annexure 2 to the petition) was got lodged by respondent No. 2 Harish Sehgal on 02.12.1998, against the petitioner Raja Singh and one Uma Gupta, relating to offences punishable under Section 420, 467, 468, 471, 506 of I.P.C., which was registered as Crime No. 233 of 1998. In the first information report it is alleged by the complainant / respondent No. 2 Harish Sehgal that property in question of Khasra No. 97, 98 and 103 is owned by him and other co-sharers, which is recorded in their names in the revenue record. Accused / petitioner Raja Singh transferred the land in question of said plot, as a Trustee of Guru Ram Dass Educational Trust, on 16.07.1998. The allegation of the complainant is that the petitioner sold the property through sale deed dated 16th of July 1998 (copy Annexure 1 to the petition) knowingly that he is not the owner. After investigation, the police submitted charge sheet only against the petitioner No. 1 Raja Singh, which was registered as Criminal Case No. 47 of 2001, and he appears to have been summoned to face the trial in respect of offences punishable under Section 420, 467, 468, 471 of I.P.C.