ANSHU SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been filed for quashing the charge sheet dated 03.05.2019, passed in Case Crime No. 60 of 2018, Police Station Dalanwala, District Dehradun, which is the basis of Criminal Case No. 4020 of 2019, State Vs. Anshu Sharma, (for short 'the Case') under Sections 420, 467, 468 and 471 IPC, in the Court of Chief Judicial Magistrate, Dehradun and also quashing the summoning order dated 29.07.2019, passed in the case and to quash the entire proceedings of the case.

(2.) Facts necessary for disposal of the instant petition briefly stated are that respondent no. 3 filed an FIR on 14.03.2018, under Section 420, 467, 468, 471 IPC, Police Station Dalanwala, District Dehradun. According to it, the informant, who is respondent no. 3 herein, got the insurance policy of Rs. 34,50,000/- from the petitioner. The petitioner also took Rs. 6,00,000/- from the informant in the name of land investment, but the petitioner did not give any receipts of it. The informant insisted for receipt. Thereafter, the petitioner gave the receipts amounting to Rs. 25,50,000/-. When the receipts were verified from the Insurance office, it was revealed that the receipts amounting Rs. 12,50,000/- were genuine and rest were forged. The petitioner did not purchase any policy for Rs. 9,00,000/-. The petitioner was approached by the informant, but he did not give receipts. Based on this information, investigation was carried out and charge sheet submitted against the petitioner. Cognizance was taken and the proceedings of the case were instituted, in which on 29.07.2019, while taking cognizance, the petitioner has been summoned to answer the accusations under Sections 420, 467, 468 and 471 IPC.

(3.) Heard learned counsel for the parties and perused the records.