NOOR AFSA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 14.01.2010, as also the proceedings of criminal case no. 26 of 2010, State vs Smt. Noor Afsa and another, under Sections 420, 467, 468, 471 of IPC, pending in the court of Judicial Magistrate, Khatima.

(2.) TAKING recourse to Section 156(3) of Cr.P.C., an FIR was lodged against the present applicants for the offences punishable under Sections 420, 467, 468, 471 of IPC. After investigation of the case, a charge -sheet was submitted against the accused -applicants for the selfsame offences. Cognizance was taken by learned Magistrate and accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) IT was stated by the informant in the FIR that Smt. Noor Afsa and her husband Suraz Khan belonged to Pathan community. They were in general category. They did not belong to the OBC category. Somehow, they managed to obtain a caste certificate showing themselves to be the members of OBC category. Noor Afsa contested the election of Gram Pradhan and was declared successful. Aggrieved complainant Javed Khan, therefore, moved an application under Section 156(3) of Cr.P.C. for taking action against the wrong doers, and on the basis of such application, FIR was lodged against three accused persons, namely, Noor Afsa, her husband Suraz Khan and Lekhpal Bhagirath. Whereas the Investigating Officer did not find any case against the Lekhpal Bhagirath, he charge -sheeted smt. Noor Afsa and her husband Suraz Khan.