JAMES DAS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this petition under Section 482 of Cr.P.C., the applicants have sought the relief for quashing the charge sheet dated 29.4.2006 and the entire proceedings originated therefrom which is registered as Case No. 2076 of 2006, State vs. Jems Das and others, under Sections 365, 328, 329, 330; 420, 406, 120 -B, 506 I.P.C. pending in the court of Chief Judicial Magistrate, Haridwar. Brief facts of the case giving rise to this petition are that respondent No. 2 lodged F.I.R. against the applicants under Sections 420, 464, 468 I.P.C. The Police investigated the case and submitted charge sheet dated 29.4.2006 and Criminal Case No. 2076 of 2006 under Sections 365, 328, 329, 330, 420, 406, 120 -B, 506 I.P.C. was registered before the court of Chief Judicial Magistrate, Haridwar, in which summoning order dated 6.5.2006 was passed. Feeling aggrieved by the charge sheet as well as the criminal proceedings as originated from the charge sheet, this petition under Section 482 of Cr.P.C. has been filed for quashing of the same.23.

(2.) THE contention of the petitioners is that relations between the complainant and the accused persons are strained and a series of litigation is pending between them in various courts and the present criminal case has been instituted as a counter blast and complaint has been filed with malafide intention by the complainant and the proceedings of the case pending in court below are abuse of process of court, and are liable to be quashed in the petition under Section 482 of Cr.P.C.

(3.) LEARNED counsel for the petitioners, in reply to the counter affidavit filed by respondent No. 2, filed rejoinder affidavit reiterating the facts mentioned in the petition.