RATNESH KUMAR GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under Section 482 Cr.P.C., the petitioner has sought quashing of order dated 27.04.2011, passed by the Additional Sessions Judge/Fast Track Court, Tehri Garhwal, in Criminal Revision No. 33 of 2008, whereby the said court has affirmed the order dated 06.11.2008, passed by Special Judicial Magistrate, Tehri Garhwal, dismissing the Criminal Complaint Case No. 322 of 2008, under Section 203 of Cr.P.C.

(3.) It appears that complainant (present petitioner) filed a criminal complaint before the trial court making allegations against one Vijay Kumar Gupta, Dr. Girish Goyal, Manik Goyal, Kishan Batham and Rikky Goyal. The Magistrate, after recording the statement of complainant under Section 200 Cr.P.C. and that of witnesses under Section 202 Cr.P.C. and perusal of the First Information Report lodged by the petitioner in respect of the same incident at Police Station came to the conclusion that it was a case of simple property dispute between the parties and it was not a case of commission of criminal offence by the accused. The observation of the trial court in its order dated 06.11.2008, is reproduced below.