H.P. SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the Complaint Case No. 905/2015 and the summoning order dated 7.12.2015 passed therein by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

(2.) Background facts of the case, necessary to be noted for deciding the present criminal miscellaneous application are:-

(3.) The accused applicant before this Court has taken the plea of alibi. It is the contention of the applicant that on the alleged date of incident, he was not in India as he had left India on 9th May, 2015 for Frankfurt and arrived back to India on 25th May, 2015, which proves that the allegations against the applicant are false and frivolous. Learned Counsel for the applicant, during the course of hearing, produced the applicant's original passport containing the entries of immigration check at the time of arrival and departure of travelling abroad on the aforementioned dates. Copy of the said document is available on the record.