KRISHNA SHAMSHER JB RANA Vs. STATE OF UTTARKHAND

JUDGEMENT

(1.) The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') is preferred to quash the FIR No. 0145 of 2018, dated 03.09.3018 and charge sheet dated 04.02.2019 as well as the summoning order dated 25.01.2020 passed in criminal case no. 0406 of 2019, State vs. Krishna Shamsher Jang Bahadur Rana, (for short, 'the case'), pending in the Court of learned Judicial Magistrate, Rishikesh, District Dehraduun.

(2.) The case is based on an FIR No. 0145/2018 dated 03.09.2018 filed by respondent no.2 against petitioner no.1 under Sections 419, 420, 467, 468 and 471 IPC. According to it, petitioner no.1 conspired with Mr. Samudra Narayan Chaudhary late cousin brother of respondent no. 2. Late Mr. Samudra Narayan Chaudhary impersonated respondent no.2 and they got a power of attorney executed in favour of petitioner no.1. The forged power of attorney was used to sell a property owned by respondent no.2. In the transaction, false documents were used. There are other details also in the FIR. It is this FIR, in which, after investigation, charge-sheet has been submitted against the petitioners under Sections 419, 420, 467, 468,471 and 120B IPC.

(3.) Heard learned counsel for the petitioners, learned State counsel and perused the record.