KULDEEP KAUSHIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code) has been filed by the petitioner to quash the summoning order dtd. 5/1/2016 passed by the learned Judicial Magistrate, Roorkee District Haridwar in Criminal Case No. 07 of 2016, pursuant to the charge sheet dtd. 5/12/2015 in FIR/Case Crime No. 278 of 2011.

(2.) According to the FIR, it was revealed that a lease deed was falsely prepared by forging signatures of the District Magistrate, Haridwar. Lease deed was in the name of the Society, through its Chairperson, Kuldeep Kaushik and General Secretary, Alok Kumar. After investigation, charge sheet has been submitted in the case against the petitioner and one more person.

(3.) Learned counsel for the petitioner would argue that for running educational institution lease had already been granted to the Manav Vikas Charitable Munch (Registered), by the State of Uttarakhand on 19/9/2003 and in accordance with the terms of the lease, the rent was regularly paid by the petitioner. Therefore, there was no need for the petitioner to forge any lease deed. It is also argued that in the instant case, the provisions of Sec. 463 I.P.C cannot be invoked because, documents have not been used by the petitioner for his own benefit.