RAHUL SAHGAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to set aside the impugned cognizance order dated 24.06.2008, passed by special judicial Magistrate I, Dehradun, in criminal case no. 1197 of 2008, state vs Sushma Sahgal and others, under Sections 420, 468, 471, 120B of IPC and also to quash the chargesheet dated 04.02.2008, in case crime no. 31 of 2007 as well as the entire proceedings of criminal case no. 1197 of 2008, State vs Sushma Sahgal and others, pending in the selfsame Court.

(2.) An FIR was lodged by respondent no. 2 against seven accused persons, including the applicant, on 27.04.2007, in police station Rajpur, Dehradun as regards offences punishable under Sections 420, 468, 471, 120B of IPC. The allegation against the accused persons in a nutshell was that they, in conspiracy with each other, prepared forged document in order to cause damage or harm to respondent no. 2.

(3.) Shorn of unnecessary details, it was mentioned in the FIR itself that two civil suits were pending between the parties in which the subject matter was Smt. Pushpawati Sahgal Memorial Charitable Society. Respondent no. 2 instituted original suit no. 720 of 2005, Smt. Pushpawati Sahgal Memorial Charitable Society and others vs Rahul Sahgal and others. Another original suit bearing no. 94 of 2007 was instituted by Smt. Pushpawati Sahgal Memorial Charitable Society and others against Chetan Sahgal and others.