OM PRAKASH S/O JHANDU SINGH Vs. THE STATE, ADDL. CHIEF JUDICIAL MAGISTRATE AND RAMESH CHANDRA SHARMA S/O SRI VIDYADHAR SHARMA

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the order dated 07.08.1996, passed by Addl. Chief Judicial Magistrate, Roorkee, in Criminal Complaint Case No. 1377 of 1993.

(3.) BRIEF facts of the case are that Respondent No. 2 Ramesh Chandra Sharma filed a criminal complaint before the trial court, relating to offences punishable under Section 167, 218, 465 of I.P.C., against Petitioner Om Prakash and another co -accused Babu Ram. It is pleaded by the complainant that he was a recorded tenure holder (Bhumidhar) of the land bearing Khasra No. 330, situated in Village Lakeshari, within the limits of Pargana Bhagwanpur, Tehsil Roorkee, since 1984. It is alleged that the Petitioner, who was a Lekhpal, in connivance with co -accused issued forged copies of Khasra and Khatauni, after making forged entry in the revenue records. The trial court summoned the accused, after recording the statements of complainant under Section 200, and that of the witness under Section 202 of Code of Criminal Procedure The impugned order dated 07.08.1996, is passed after summoning the accused, and after recording evidence under Section 244 of Code of Criminal Procedure, whereby it was directed that the charge be framed against the Petitioner and the co -accused.