DIWAN SINGH DHEK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since all the above applications, moved under Section 482 of Cr.P.C., have been filed against the same summoning order, therefore, they are being decided by this common judgment and order for the sake of brevity.

(2.) The applicant(s), by means of present applications / petitions under Section 482 of Cr.P.C., seek to quash the entire proceedings of criminal case no. 195 of 2009, State vs. Suresh Ram and others, under Sections 420, 467, 468, 471, 120-B of IPC as also the impugned order dated 27.04.2010, passed in aforesaid criminal case, pending before the court of Chief Judicial Magistrate, Champawat.

(3.) Sri N.S. Dangi, Sub Divisional Magistrate, Lohaghat submitted a report (Annexure 1 to the petition) on 8th January 2008, regarding embezzlement of the money obtained under Jan Shree Beema Yojana. Sub Divisional Magistate recommended penal action against the wrongdoers. Mahipal Singh Chauhan, Assistant Manager, Uttarakhand Multipurpose Finance and Development Corporation, Champawat lodged an FIR against nine accused persons on 16.06.2008, at police station, Kotwali, Champawat, which was registered as case crime no. 180 of 2008, under Section 420 of IPC. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offence. Trial against them proceeded in the court of Chief Judicial Magistrate, Champawat. While the trial against the main accused persons was underway and examination-in-chief of PW1 Narain Singh Dangi, Sub Divisional Magistrate was recorded, an application under Section 319 of Cr.P.C. was moved on behalf of prosecution to summon other accused persons also. Those accused persons, against whom no charge-sheet was submitted, but were sought to be summoned under Section 319 of Cr.P.C., were - K.S. Kafalia, Dr. S.C. Joshi, Madhav Ram Arya, Narayan Ram, Umrao Saini, Kishan Ram, Basant Ballabh Joshi, Yogesh Joshi, Krishnanand, Amar Nath Goswami, Diwan Singh Dhek and A.S. Gunjyal.