BALWANT SINGH CHUPHAL Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) By means of these two petitions, moved under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.), the petitioners have sought quashing of Criminal Case No, 941 of 2003, State v. Balwant Singh Chuphal and others (arising out of Case Crime No. 2472 of 2002 relating to offence punishable under Sections 454, 380 and 506, I.P.C. with Police Station, Haldwani), pending in the Court of Judicial Magistrate, Haldwani.

(2.) Heard learned counsel for the parties and perused the papers.

(3.) Brief facts of the case are that the respondent-Ramesh Chandra Pandey "Pathik" Advocate lodged an First Information Report against petitioner-Balwant Singh Chuphal relating to an incident dated 7-8-2002, in which it is alleged that he was tenant in two shops situated in Heera Nagar, Haldwani, belonging to Parvatiya Sanskritik Utthan Manch, it is further alleged in the First Information Report that when informant Ramesh Chandra Pandey was out of station due to pilgrimage to Amarnath Yatra, petitioner-Balwant Singh Chuphal, with the help of some persons, broke open the shops and removed goods including printing press which was being run by wife of complainant, in one of the shops. On his return from Amarnath yatra informant Ramesh Chandra Pandey lodged the First Information Report which was registered at Case Crime No. 2472 of 2002. It appears that after investigation a charge-sheet was filed against the petitioner-Balwant Singh Chuphal and a separate charge-sheet was filed against the other petitioners namely, Bhuwan Chandra Joshi, Pooran Upadhyay, Hemant Bagadwal, Rajesh Harbola, Arun Pandey and Bhuwan Joshi s/o Heera Ballabha Joshi.