PRATAP SAXENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both these applications under Section 482 of Cr.P.C. have arisen out of same FIR, therefore, they are being decided by this common judgment and order, for the sake of brevity and convenience.

(2.) THE applicants, by means of present applications / petitions under Section 482 of Cr.P.C., seek to quash the charge -sheet dated 26.03.2010, summoning order dated 20.04.2010, as well as proceedings of criminal case no. 877 of 2010, State vs Rajendra and another, under Section 420 of IPC, relating to police station, Haldwani, 2 District Nainital, pending in the Court of Addl. Chief Judicial Magistrate, Haldwani, District Nainital.

(3.) SMT . Neeraj Singh, informant (respondent no. 2 herein) lodged an FIR on 30.11.2009, in police station, Haldwani, against three named accused persons, including the applicants, for the offence punishable under Section 420 of IPC. After the investigation, a charge -sheet was submitted against the present applicants. Cognizance was taken on the said charge -sheet and the accused -applicants were summoned to face the trial for the selfsame offence. Aggrieved against the same, present applications under Section 420 of Cr.P.C. were moved.