PANKAJ NARANG Vs. STATE OF UTTARANCHAL AND ANR.

JUDGEMENT

(1.) HEARD Mr. Sandeep Tandon, assisted by Mr. Mohd. Azim, Advocate, for the applicant and Mr. P.S. Bohara, Brief Holder, for the State/Respondent No. 1. None turns up on behalf of the Respondent No. 2 though on the last date of hearing Mr. V.P. Bahuguna, Advocate, was present for the Respondent No. 2.

(2.) BY way of this criminal miscellaneous application, the cognizance order dated 24.10.2001 against the applicant Pankaj Narang for the offence of Section 406 Indian Penal Code is under challenge. This cognizance order against the applicant was passed in Criminal Complaint Case No. 206/2004, Pawan Kumar Saini v. Sawera Credits and Ors., by the Judicial Magistrate 2nd, Dehradun on a protest petition against the final report submitted by the investigation agency on an FIR registered under Section 156(3) Code of Criminal Procedure.

(3.) AFTER hearing of the applicant, it appears that the incident is of March, 1999 when the adverse possession was taken by Mr. Jai Bhagwan Bhandari & Mr. Ratan Singh Bhandari (guarantors of Respondent No. 2). In October, 1999 the said passenger bus was requisitioned by the district administration for election purposes. On making the default by Respondent No. 2 Pawan Kumar Saini, an FIR was lodged against him for the offence of Peoples Representation Act in PS Doiwala, District Dehradun. So in order to avert the allegations of that FIR, it appears that Respondent No. 2 lodged the instant FIR against Pankaj Narang, Ratan Singh Bhandari and Jai Bhagwan Bhandari with the result the Final Report was submitted against that FIR which was lodged against Respondent No. 2 under the Peoples Representation Act.