VIVEK SINGHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C-482 petition has been filed by the applicant for quashing the entire proceedings as well as the charge sheet no.199 of 2015, dated 19.10.2015, submitted by the I.O., P.S. Jaspur, District U.S. Nagar, against the applicant for the offence punishable under Sec. 420 of Penal Code in FIR No. 92 of 2015 and the order of cognisance dated 12.10.2017, passed by the learned of Additional Chief Judicial Magistrate, Kashipur, District U.S. Nagar in Criminal Case No. 3907 of 2015 whereby the learned court summoned the applicant to face the trial for the offence punishable under Sec. 420 of IPC.

(2.) This C-482 petition is being filed by the applicant, whereby the cognisance order dated 110.2017 is being challenged. Prior to this petition, a C-482 petition No. 1199 of 2017 was filed by the applicant before this Court, whereby the order of cognisance dated 18.12015 was challenged. The Coordinate Bench of this Court set aside the cognisance order, vide order dated 05.09.2017.

(3.) The brief fact of the case are that opposite party no.2, moved a complaint before the Director General of Police Uttarakhand at Dehradun against the applicant stating therein that the applicant has taken money from several people of Augustyamuni, District Rudraprayag on the pretext to provide them jobs in Tehsil offices in District U.S. Nagar. It is stated that the said money was taken by the applicant during the period of Nov. 2008 to Jan. 2009. It is stated that neither the jobs were provided nor the money was returned to these people by the applicant. On the basis of the complaint to D.G.P. Uttarakhand, FIR was registered against the applicant. It is stated that the FIR is not lodged by the person allegedly cheated by the applicant but lodged by the opposite party no. 2; the name of the cheated persons are not mentioned in the FIR. It is stated that the FIR is lodged after a long gap of about 5 and half years and there is no single whisper that at which place and before whom the alleged money was taken by the applicant. The matter was investigated and the charge sheet has been submitted against the applicant. After filing the charge sheet the learned Judicial Magistrate Kashipur, District U.S. Nagar took cognisance in the matter and summoned the applicant by its one line order.