ANIL PITTAR Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) By means of present petition under Section 482 Cr.P.C. the applicant seeks as follows:

(2.) It is the submission of learned counsel for the applicant that the applicant is facing two trials in respect of the same allegations levelled against him. The matter relates to a disputed Will executed by father of the applicant. The property left by applicant's father devolved on him on the basis of said Will. On 17.03.2010, respondent no. 2 filed a criminal complaint case in the Court of Judicial Magistrate, C.B.I. for the offences punishable under Sections 420, 467, 468 and 471 IPC. Learned Trial Court took cognizance and the applicant was summoned to face the trial. Charges were framed against him. Complainant's witnesses were examined. The applicant was expecting his acquittal. Complainant smelt the same and, therefore, he lodged an FIR on 29.03.2014 on the same facts against the applicant and others. Said FIR was registered as Case crime No. 30 of 2014, under Sections 420 &120-B IPC, at Police Station Raipur, Dehradun. No 2nd FIR could have been lodged for the selfsame offences, but, the Police concerned, in collusion with complainant/respondent no.2 not only lodged the frivolous FIR, but also submitted charge-sheet against the applicant and his wife for the offences punishable under Sections 420, 467, 120-B IPC. Wife of the applicant appeared in the Trial Court. Her bail application was rejected. She was, however, granted bail by the learned Sessions Judge only after 5 days.

(3.) It is the submission of learned counsel for the applicant that the first information report itself discloses that the criminal case under Sections 420, 467, 468 and 471 IPC is also pending in the criminal court at Dehradun and, therefore, no subsequent or second case should proceed against the applicant for the similar alleged offence.