ATTAR SAIN Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 of Cr.P.C., seeks to quash the proceedings of complaint case no. 884 of 1982 (new number 3085 of 2006), Virendra Singh vs Attar Sain and others, under Sections 120B, 477, 467, 471 of IPC, pending in the court of Addl. Chief Judicial Magistrate, Dehradun.

(2.) A criminal complaint case was filed by the respondent / complainant against four accused persons, including applicant Attar Sain, alleging that they (accused) prepared a forged document, whereby the name of the complainant was removed from the partnership of M/s Atal Singh Contractor's Firm.

(3.) Statement of the complainant Virendra Kumar was recorded under Section 200 of Cr.P.C. Statements of PW1 Om Prakash and PW2 Braham Singh were recorded under Section 202 of Cr.P.C. Having found prima facie case against the accused persons, they were summoned to face the trial vide order dated 14.12.1982. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was filed by one of the accused namely Attar Sain (applicant). Notice was issued to the respondent Virendra Kumar, but none appeared for the said respondent, despite personal service on the respondent on 04.04.2009.