ARUN SAINI Vs. STATE OF UTTARAKHAND AND ANR

JUDGEMENT

(1.) Since all these petitions have been filed by the applicants for challenging the common summoning order passed by the court below, hence these are taken up together and decided by this common judgment.

(2.) By way of the present applications preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C'), the applicants have challenged the summoning order dated 16.11.2009 passed by the Chief Judicial Magistrate, Udham Singh Nagar and charge sheet under Sections 342, 465, 466, 468, 469, 470 & 120-B IPC in criminal case no. 3435 of 2009, State vs. G.B. Pandey and others.

(3.) The facts, to the limited extent necessary, are that G.B. Pandey, SHO, Kotwali-Sitarganj, District Udham Singh Nagar lodged an FIR.on 14.08.2006 at about 5:25 AM against Khalil Ahmed and Shahid @ Guddu with the allegations that on 14.08.2006, he along with SI Umed Singh Danu, Constable Matloob Hussain, Constable Ratan Singh Gill, Constable Vipin Kumar and driver Prem Singh were going to Pilibheet for patrolling. When they reached Sherkata check post a vehicle was seen coming from Pilibheet area. The said vehicle was driven by accused Khalil Ahmed. On searching, there were no vehicular documents and he told that the said Tavera Car bearing No. UP 30A 2586 was stolen vehicle. Thereafter, the accused was arrested and stated that he stole this vehicle with the help of Shahid @ Guddu from Haryana. The accused also disclosed that they had stolen two other vehicles, which were parked at his house. Thereafter, he was taken to his house and two other vehicles i.e. one Armada bearing No. HR26 H 7305 and a Maruti 800 CC bearing No DDD 5506 were recovered on pointing out of Khalil Ahmed.