REVADHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner Revadhar seeks quashing of chargesheet dated 05.08.2012 and summoning order dated 03.09.2012 passed in Criminal Case No.869 of 2012, State Vs. P.C. Naithani and Another, by the Court of Chief Judicial Magistrate, Rudrapur, Udham Singh Nagar. (for short 'the case') and also to quash the entire proceedings of the case.

(2.) Heard learned counsel for the parties through video conferencing and perused the records.

(3.) The case is based on an FIR lodged on 01.01.2009. According to it, the Government Godown, Kichha was inspected and the stock was found less in quantity. A detailed inquiry was conducted by Vikram Singh Yadav, In-charge Regional Supply Officer, Kumaon Division, Haldwani and he held both P.C. Naithani and the petitioner responsible for it. It is this FIR in which after investigation at one stage, the Investigating Officer (IO) submitted final report on 14.3.2003 but after hearing the parties, the final report was rejected and the Court on 17.07.2010 ordered further investigation. After further investigation, chargesheet has been submitted against petitioner and another on which cognizance was taken on 03.09.2012 and proceedings of the case instituted. It is this chargesheet, this summoning order and the proceeding of the case, which are questioned herein.