ANWARI W/O RASHID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this criminal misc. application, prayer has been made to quash the proceedings of criminal case no. 2597 of 2009 pending in the court of Judicial Magistrate, Roorkee and order of cognizance dated 06.08.2009 passed therein.

(2.) The background facts are that one of the accused Ravindra impersonated himself as Moti Ram and executed a sale deed of a land owned by Moti Ram to someone. In that sale deed Narendra Kumar Sharma (present petitioner) and Devanand another accused, were witness.

(3.) On lodging the FIR, investigation was made which resulted into submission of a chargesheet against the accused Ravindra, Devanand and Narendra Kumar Sharma for the offences under sections 419, 420, 467, 468, 471 IPC. The case was registered and the impugned cognizance order was passed thereupon. Two accused persons namely Ravindra and Devanand filed a separate criminal misc. application no. 803 of 2011 seeking to quash the chargesheet and order of cognizance while Narendra Kumar Sharma (present petitioner) has filed this separate petition (criminal misc. application no. 697 of 2009.