P D RATURI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE present petition u/s 482 Cr.P.C. has been filed by the petitioner to quash the summoning order dated 14.07.1997 and complaint filed by the opposite party No.2 registered as case No. 23/97 pending before the court of judicial Magistrate Uttarkashi.

(2.) BRIEF facts for the disposal of this petition arc that a complaint was filed by the District Magistrate before the Court of Chief Judicial Magistrate u/s 57 of U.P. Khanij (Riyayat) Niyamawali. 1963 read with Rule 3 and the C.J.M. tried the accused and the accused 'vas acquitted by the trial court. The applicant appeared before the court below. The applicant was cross -examined at length by the defence. The C.J.M. vide its order dated 28,03.1997 acquitted the accused person and came to the conclusion that the applicant had given a false evidence and found that he is liable to be prosecuted fur giving the false evidence and he directed straightway to file the complaint before the competent Magistrate.

(3.) THEREAFTER , the complaint was filed before the J.M., Uttarkashi and the Magistrate took the cognizance and summoned the accused and he issued the bailable warrant against the applicant.