USHA BHATNAGAR Vs. STATE OF UTTARANCHAL & OTHERS

JUDGEMENT

(1.) BY way of this application, moved u/s 482 Cr.P.C., the prayer has been advanced to quash the chargesheet dated 7.5.2005 and the order of cognizance passed thereupon dated 20.6.2005 by learned Judicial Magistrate, Roorkee, District Haridwar in criminal case no.1268 of 2005, State Vs. Surendra Kumar and another. The above chargesheet for the offence of Sections 419, 420, 467, 468 and 471 IPC, pertaining to P.S. Kotwali, District Haridwar, has arisen out of lodging of the FIR by respondent no.3 -Jagdish Swaroop Bhatnagar on 28.1.2004 against the accused Usha Bhatnagar and her husband Surendra Kumar Bhatnagar.

(2.) THE crux of the facts, as entailed in the FIR, is that informer Jagdish Swaroop Bhatnagar was superannuated from government service sometime in 1996 and the accused persons were well acquainted to the informer, being in his relationship too. Smt. Usha Bhatnagar happened to be the Agent of Post -Office Small Saving Schemes, so she, along with her husband Surendra Kumar Bhatnagar, persuaded the informer to deposit a handsome amount of wherewithal, which he had received at the time of his retirement. The informer was convinced, so he invested the amount in the post -office at the instigation of Usha Bhatnagar along with her husband. At times, Smt. Usha Bhatnagar returned the interest earned by the informer at his deposits after procuring the signature of the investor. This all developed a relationship of trust too between Jagdish Swaroop Bhatnagar on the one hand and the accused persons on the other. The default was committed by Usha Bhatnagar in making the payments while she had already secured the signatures of informer on so many complicated proformas, required to be fulfilled for submission in the post -office to seek various advantages and returns. This resulted into lodging of the instant FIR which ended into the submission of chargesheet after completion of investigation, as above.

(3.) SMT . Usha Bhatnagar has got this petition restored to its original number after running to the level of the Apex Court while Surendra Kumar Bhatnagar has not moved any restoration application so far. So, this Court has given hearing to the instant petition filed by Usha Bhatnagar only.