SMT. APARNA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this Criminal Misc. Application, a prayer has been made to quash the entire proceedings of criminal complaint case no. 2470 of 2003 (old number 644 of 2002) pending in the court of Special Judicial Magistrate, Dehradun. It has also been prayed to set aside the order of cognizance dated 16.06.2005 passed by the Magistrate. No counter affidavit has been filed by the respondent no. 2, despite several opportunities.

(2.) HEARD learned counsel for the parties. It appears that an FIR was lodged by Tusar Dutt Sharma (opposite party no. 2) on 19.10.2001 raising many allegations constituting the offence under sections 420, 467, 468, 471, 406, 506 IPC against applicants Aparna Sharma and her husband Pervind Kumar Sharma. Investigation was made, which resulted in the submission of the final report on dated 14.05.2002, the crime number of the case was mentioned as criminal case no. 701 of 2001.

(3.) IT is significant to mention that complaint could not have been filed during the pendency of the investigation. What was desirable to Tusar Dutt Sharma, was to ask the progress of the investigation through the concerned court. Yet, after submission of the final report, in case, he was not satisfied with the same, then he could have resisted the result of the investigation submitted in the form of final report by way of filing protest petition or could have filed a complaint. But this complaint was filed prematurely before the investigation reached to any conclusion with the same facts and figures, which made the contents of the FIR. So firstly, this complaint was in violation of the relevant provisions of the Code of Criminal Procedure.