MAJOR GENERAL RAJESH DATTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for quashing the cognizance order dated 18.07.2017 as well as entire proceedings of Criminal Case No. 498 of 2017, State vs. Suresh Chand Sood & Another, u/s 420, 406, and 120- B IPC, pending in the court of A.C.J.M., Laksar, District Haridwar.

(2.) It is argued by learned counsel for applicant that the applicant has falsely been implicated in the crime and there is no offence is made out against him. Apart from that, initially, he was serving in Indian Army and left the service of Indian Army on 31.01.2013, thereafter, he joined M/s Birla Tyres, Laksar on 17.11.2014, he has no concerned with the crime. Since the so called land was purchased by the M/s Birla Tyres on 08.01.2007 by way of registered sale deed from the father and uncle of the informant.

(3.) The crux of the case are that the informant- Munesh Kumar has sent information to the Kotwali, Laksar District Haridwar against the present applicant as well as other persons. Accordingly, FIR was lodged on 14.01.2016, u/s 420, 406 and 120-B IPC. After completion the investigation, charge sheet was submitted against two persons, namely, Suresh Chand Sood and Rajesh Datta, u/s 420, 406 of IPC 120-B IPC on 02.04.2017. Accordingly, the cognizance was taken on 18.07.2017 by the Additional Chief Judicial Magistrate, Laksar against the present applicant.