NARINDER JUNEJA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 18.02.2008 passed by the Judicial Magistrate, C.B.I., Dehradun in Criminal Case No.2383 of 2008 titled as State vs. Narender Juneja and others, under Sections 420, 467, 468, 471, 323, 504, 506 IPC read with Sections 34 and 120B IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) TAKING recourse to Section 156(3) Cr.P.C., respondent no.2 (Harbhajan Singh) got lodged an FIR against 5 named accused persons, including the present accused -applicants on 02.04.2007 at Police Station Doiwala, District Dehradun, which was registered as case crime no.55/2007, under Sections 420, 467, 468, 471, 323, 504, 506 IPC read with Sections 34 and 120B IPC. After the investigation, a charge -sheet was submitted against the accused -applicants for the selfsame offences. The cognizance was taken by the Judicial Magistrate, CBI, Dehradun, vide order dated 18.02.2008 and accused -applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicants.

(3.) IT was alleged by the informant (respondent no.2 herein) in the FIR that he was a partner alongwith applicant no.1 in a partnership firm known as M/s Fair Deal Enterprises. Respondent no.2 invested a sum of Rs.11,94,584/ - in the partnership firm. The Presidency Educational School was being run by the Presidency Educational Society prior to the initiation of partnership firm. Respondent no.2 was against the running of such school. The applicants, by forging signatures of respondent no.2, prepared a forged licence deed dated 10.04.2001. The said licence deed was executed on behalf of the partnership firm M/s Fair Deal Enterprises in favour of the Presidency Educational Society. A huge loss was caused to respondent no.2 by execution of alleged forged licence deed. On 12.03.2007 at 10:00 AM, when respondent no.2 requested the Principal of the Presidency Educational School not to use the forged licence deed dated 10.04.2001, the Principal of the school and the Secretary of the Presidency Educational Society hurled abuses at him. The employees of the school assaulted respondent no.2, as a result of which, he sustained grievous injuries. Applicants no.2 and 3 threatened him with dire consequences, if he again dared to enter into the school. To this effect, a report was given to the Inspector, Police Station Doiwala, but since the police did not take any action against them, therefore, respondent no.2 had no other option, but to take recourse to Section 156(3) Cr.P.C.