R.K. GUPTA S/O SHRI K.S. GUPTA Vs. SMT PRIYA MALIK W/O SHRI B.S. MALIK AND STATE OF UTTARAKHAND THROUGH HOME SECRETARY

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of criminal complaint case No. 810 of 2009 Smt. Priya Malik v. R.K.Gupta, relating to offences punishable under Section 354, 323, 504 and 506 I.P.C., pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Haldwani.

(3.) BRIEF facts of the case, are that, the Petitioner Shri R.K.Gupta is Chairman of Nainital Almora Kshetriya Gramin Bank, who is on deputation from Bank of Baroda. One U.K.Pahwa was the Branch Manager of the said bank in the Branch Partapur. Shri U.K.Pahwa was transferred to Branch Jhankat. It is pleaded by the Petitioner that Shri U.K.Pahwa committed certain acts of indiscipline in the year 1995, 2003 and 2007 for which he was reprimanded and punished. Smt Neelima Tewari is the wife of Shri U.K.Pahwa, who pressurized the Petitioner in an attempt to get transfer order of her husband cancelled. It is alleged by the Petitioner that on being not obliged, she got filed a false criminal complaint in question through Smt Priya Malik (Respondent No. 1), one of her colleagues, who is also a political activist. It is further pleaded by the Petitioner that criminal complaint case got filed only to pressurize the Petitioner to get cancelled the transfer order of Shri U.K.Pahwa and to get dropped departmental enquiry initiated against him.