RAEES AHMAD Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present petition moved under Section 482 Cr.P.C., seeks to quash the summoning order dated 05.04.2010 as well as the entire proceeding of Criminal Complaint Case No. 2541 of 2009, captioned as Captain Mahesh vs. Raees & others, under Section 420 IPC, pending before the learned Judicial Magistrate, Roorkee, District Haridwar.

(2.) Complainant (respondent no. 2) filed an application under Section 156(3) Cr.P.C. in the Court of Judicial Magistrate, Roorkee for directing the PS concerned to register a case against Raees Ahmad and others on 16.06.2008. Such an application was dismissed by learned Judicial Magistrate, Roorkee, vide order dated 16.06.2008.

(3.) The complainant, being aggrieved by the order dated 16.06.2008, preferred Criminal Revision in the Court of Additional Sessions Judge/First FTC, Roorkee. Criminal Revision No. 287 of 2008 was dismissed vide judgment and order dated 20.12.2008. The order passed by the learned Judicial Magistrate dated 16.06.2008 was affirmed.