FAINY SINGH S/O LATE RANA SINGH R/O VILLAGE MANDORA, POLICE STATION BEHAT, SAHARANPUR, DISTRICT SAHARANPUR (U P ) Vs. STATE OF UTTARAKHAND AND ORS

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of proceedings of Criminal Case No. 1585 of 2008, CBCID Vs. Indrapal Khatri and others, relating to offences punishable under Section 419, 420, 467, 468, 471, 120B I.P.C., pending in the court of Chief Judicial Magistrate, Dehradun. Respondent No.3 U.P. Finance Corporation is the creditor. In its counter affidavit respondent No.3 has stated that it does not want to prosecute the petitioner. Attention of this Court is drawn to the Annexure No.2 to the writ petition. Whereby the Regional Manager, U.P. Finance Corporation has written letter to CBCID (respondent No.25) for returning back the file. It is contended that since the U.P.F.C., itself is not interested to prosecute the petitioner, the impugned proceedings be quashed.

(3.) However, on perusal of papers on record, it appears that complainant is CBCID, and charge sheet was filed way back in the year 2008. Two other accused are already facing trial.