SHAMBHU PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present application under Sec. 482 Cr.P.C., the applicants seek to quash the charge framing order dtd. 19/9/2013 as well as chargesheet dtd. 24/8/2006 and the proceedings of Criminal Case No.1722 of 2009, State vs. Madho Singh, under Ss. 420, 467, 468, 471 IPC pending in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal.

(2.) Brief facts of the case are that an FIR was lodged on 19/4/2006 against Mathow Singh and unknown officers/employees of the Tehsil, Kotdwar for the offences punishable under Ss. 420, 468, 471 IPC. After lodging of the FIR, the matter was investigated by the Investigating Officer and, on completion of investigation, the Investigating Officer submitted a chargesheet against the applicants and Madhaw Singh. Thereafter, the Magistrate summoned them and criminal proceedings were initiated against them under Ss. 420, 467, 468 and 471 IPC.

(3.) Feeling aggrieved, applicants and Madhaw Singh preferred three separate applications under Sec. 482 bearing Nos.1010 of 2006, 982 of 2006 and 1011 of 2016 before this Court. Vide order dtd. 12/8/2010, the coordinate bench of this Court dismissed the same by holding that a case is made out prima facie on perusal of the contents of the complaint and after going through the documents.