BALWANT SINGH CHUPHAL Vs. MOHAN CHANDRA PANT

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the impugned order dated 08.09.2008, passed by learned Sessions Judge, Nainital, in criminal revision no. 22 of 2008, Mohan Chandra and others vs Balwant Singh Chuphal, as also the complaint filed by the applicant before learned Addl. Chief Judicial Magistrate, Haldwani, relating to offences punishable under Sections 191, 192, 199, 499 of IPC.

(2.) RESPONDENT no. 1 filed a complaint (copy Annexure 1 to the petition) against the applicant before Hon'ble Lokayukta, Uttaranchal on 11.08.2003. Certain allegations were levelled against the Society, which was being headed by the applicant. On the complaint thus filed by respondent no. 1, notice was issued to the applicant by Hon'ble Lokayukta.

(3.) IN the meantime, applicant filed a criminal complaint case against all the accused persons (respondents herein) in the court of Addl. Chief Judicial Magistrate, Haldwani, which was registered as complaint case no. 152 of 2007. The said complaint was filed in respect of offences punishable under Sections 191, 192, 199, 499 and 500 of IPC. Statement of the complainant under Section 200 of Cr.P.C. was recorded. Statements of the witnesses, namely, Dharam Singh Bisht and Bhuwan Chandra Tiwari, were recorded under Section 202 of Cr.P.C. After considering such statements and having found a prima facie case against the accused persons, they were summoned to face the trial for the offences punishable under Sections 191, 192, 199 and 499 of IPC, vide order dated 22.02.2008. Certain objections were raised by the respondents against the summoning order, which objections were not entertained by learned Addl. Chief Judicial Magistrate (Railways), Haldwani, vide order dated 09.05.2008. The respondents herein filed a criminal revision against the impugned orders dated 22.02.2008 and 09.05.2008 in the court of Sessions Judge, Nainital. The said criminal revision was allowed by learned Sessions Judge, Nainital, vide judgment and order dated 08.09.2008. Orders passed by learned Addl. Chief Judicial Magistrate, Haldwani on 22.02.2008 were set aside. The complaint filed by the applicant was held to be not maintainable.