SHAUKAT ALI Vs. SHAMSUDDIN

JUDGEMENT

(1.) PRESENT application under Section 482 Code of Criminal Procedure is filed challenging the order dated 05.06.2009 passed by Additional Chief Judicial Magistrate, Kotdwar, District: Pauri Garhwal in Criminal Case No. 333 of 2009, by which learned Magistrate decided to frame charge against the Applicants/accused persons under Section 506 IPC, although learned Magistrate while considering the evidence on record, decided not to frame any charge under Sections 420, 120 -B and 506 IPC.

(2.) BRIEF facts of the present case are that a complaint, under Sections 406 and 506 IPC, was filed by Respondent (herein as "complainant") stating accused, despite dissolution of the Committee of Management, are collecting the money illegally and are not submitting the accounts thereof. It is further contended whenever account is called for, accused persons threatened the complainant with dire consequences. Accused persons are illegally utilizing the funds collected after the dissolution of the Committee and not submitting account.

(3.) IT seems that learned Magistrate rejected the application of the accused/Applicants to recall the summoning order, vide its order dated 03.10.2006 on the ground that there is no provision to recall the summoning order. Thereafter, learned trial Court proceeded to examine the complainant and its witnesses under Section 244 Code of Criminal Procedure. Having recorded the statements of the complainant and its witnesses under Section 244 Code of Criminal Procedure learned Magistrate proceeded under Section 245 Code of Criminal Procedure to find out as to whether there is no ground to frame charges against the accused persons.