NARENDRA PANDIT Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) BY means of this petition the Applicant, who is an Officer in M/S Ashok Leyland Finance Limited Lucknow, has challenged the impugned order dated 23 -2 -2004, the charges dated 4 -5 -2004, as well as the entire proceedings of criminal case No. 2003 of 2004 State v. Narendra Pandit, under Sections 406, 420 and 506 I.P.C., pending before the Respondent No. 2, i.e. the Judicial Magistrate Haldwani, District Nainital.

(2.) BRIEF facts of the case are that the Applicant is posted as Area Officer in M/S Ashok Leyland Finance Limited Lucknow (hereinafter referred as 'Company') and at the relevant time he was posted as Field Officer at Bareilly. First information report was lodged by Respondent No. 3 under Sections 420, 504 and 506 I.P.C. with P.S. Haldwani, District Nainital against the Applicant as well as certain other Officers of the Company with the allegation that the Company has financed several vehicles sold by M/S Megha Motors and the Officers of the Company had not paid the money to Megha Motors as well as they have not taken delivery of the Nexia Car. The further allegation is that the Officers of the Company have given the threat to the complainant.

(3.) THE learned Magistrate after filing of the charge sheet took the cognizance vide order dated 27 -7 -2002. The learned Magistrate thereafter framed the charges against the Applicant on 4 -5 -2004.