UMESH CHANDRA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. D.C.S. Rawat, Advocate for the applicant and Mr. P.S. Saun, Deputy Advocate General assisted by Ms. Mamta Joshi, Brief Holder present for the State of Uttarakhand.

(2.) A First Information Report has been lodged by respondent No. 2 against the present applicant which was subsequently registered as Criminal Case No. 15 of 2015 before the Judicial Magistrate, Dhumakot, District Pauri Garhwal. After investigation, police submitted charge sheet under Sections 34/120B/420 of IPC and thereafter the learned Magistrate took cognizance in the matter and issued summon to the present applicant. Hence, this application under Section 482 Cr.P.C. has been filed by the applicant before this Court praying that charge sheet be quashed and also prays that Criminal proceedings pending before learned Judicial Magistrate, Dhumakot, District Pauri Garhwal, in Criminal Case No.15 of 2015 be stayed.

(3.) According to the applicant, incident relates to the year 2006 where a person allegedly procured appointment as a Shiksha Mitra on the basis of forged certificates/documents, later committed suicide, when it was discovered. In the year 2014, father of the deceased moved an application before Human Rights Commission, consequently, first information report has been registered. There is no evidence with the prosecution and applicant has unnecessarily been harassed.