KULANAND GOSWAMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant to the present C-482 application, has put a challenge to the charge sheet dtd. 15/6/2021; as well as the cyclostyle summoning order dtd. 22/5/2022 which has been passed by the Judicial Magistrate, Ukhimath, District-Rudraprayag, in Criminal Case No. 37 of 2022 State vs. Kulanand Goswami; whereby he has taken cognizance for conducting the trial, for the alleged involvement of the present applicant for his commission of offence under Ss. 419 and 465 of I.P.C.

(2.) The solitary ground, which is pressed by the learned counsel for the applicant is qua the summoning order dtd. 9/6/2022, whereby the court of Judicial Magistrate, had by way of passing the cyclostyle order by filling up the blanks has issued Form 68, for summoning the present applicant for his participation in the aforesaid Criminal Case No. 37 of 2022 State vs. Kulanand Goswami.

(3.) It is a settled law and as it would be apparent too from the judicial precedence of the Hon'ble Apex Court namely, 1998 Supreme Court 128 M/s. Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others. Para 22 and 28 are extracted hereunder:-