AMISH @ UMESH DUGGAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal miscellaneous application has been filed under Section 482 of Cr.P.C. for quashing the charge sheet dated 08.06.2019, cognizance order dated 08.07.2019 as well as proceedings of criminal case no.3650 of 2019, State Vs. Pradeep Duggal and others under Sections 419,420,467,468,471 and 120(B) IPC pending in the Court of 1st Additional Chief Judicial Magistrate, Dehradun.

(2.) Crux of the matter is that respondent no.2- Mahendra Singh submitted an information on 27.07.2018 to DIG (SIT) Garhwal Range with the allegation that Bishamber Singh and Madan Lal were co-tenure holders of the land situated in the Village Pithuwala, Mehuwal and Sevlakalan Tehsil and District Dehradun. The applicants in connivance with the concerned Authorities at the relevant time prepared forged documents in order to show that they are grandsons of Bishamber Singh and got the entire land of Bishamber Singh mutated in their names in the revenue records and deleted the name of Bishamber Singh whereas the son of Bishamber Singh is alive and the applicants had transferred the land to the other coaccused by way of sale deeds and gift deeds.

(3.) On the basis of said information Special Investigation Team (SIT) was constituted which submitted its report on 04.12.2018. After receiving the said report, Sub-Inspector Brijesh Naithani (SIT) submitted his report to DIG (SIT) Garhwal Range on 15.01.2019. Accordingly, an FIR was lodged on 17.01.2019. After completion of the investigation, charge sheet under Sections 419,420,467,468,471 and 120(B) IPC was filed against the present applicants and concerned Court summoned the present applicants on 08.07.2019 under the aforesaid offences. Aggrieved by it, both the accused namely, Amish @ Umesh Duggal and Pradeep Duggal filed the present criminal misc. application under Section 482 Cr.P.C. for quashing the impugned charge sheet and summoning order.