LAWS(UTN)-2013-12-129

VINOD KUMAR Vs. STATE OF UTTARAKHAND AND ANOTHER

Decided On December 26, 2013
VINOD KUMAR Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the chargesheet and summoning order dated 07.11.2009 passed by the Judicial Magistrate, Roorkee, District Haridwar in Case No.3436/2009 titled as State vs. Smt. Champa Devi & others, under Sections 420, 465, 468, 469 & 120B IPC. The applicant also seeks to quash the proceedings of the aforementioned case pending before the said court.

(2.) An FIR was lodged by respondent no.2 (Kunwar Pal Singh) against the applicant and others on 03.10.2005, which was registered as case crime no.248/2005 for the offences punishable under Sections 420, 465, 466, 468, 469, 471, 120B IPC, at Police Station Manglore, Roorkee. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. The cognizance was taken by the Judicial Magistrate, Roorkee, vide order dated 07.11.2009 and applicant and others were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicant.

(3.) No counter affidavit is filed on behalf of the respondents. Respondent no.2 is reported to have died as per the report of the Incharge Inspector, Police Station Kotwali Manglore.