RAMPAL Vs. REKHA

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 order dtd. 2/8/2011, passed by the learned Additional Chief Judicial Magistrate (Sr. Div.)/Judicial Magistrate, Roorkee in Case No. 1856 of 2011, State Vs. Budh Singh (for short "the Case") under Sec. 420 I.P.C. as well as the order dtd. 5/2/2013, passed by the learned District and Sessions Judge, Haridwar in Criminal Revision No. 428 of 2011, Rampal Vs. State of Uttarakhand and others.

(2.) Heard learned counsel for the petitioner and perused the record.

(3.) The facts necessary to resolve the instant controversy are short and within a very narrow compass. In the instant case, an FIR was lodged on 24/9/2006, under Ss. 420, 465, 466, 467, 468, 469, 471, 120-B, 504, 506 and 323 I.P.C., against the respondents and one more person. After investigation, charge sheet under Sec. 420 I.P.C. has been filed against Budh Singh only. Based on it, the proceedings of the case were instituted. In the case, two witnesses were examined and thereafter, an application under Sec. 319 of the Code was filed by the petitioner, which was rejected vide order dtd. 2/8/2011. The order dtd. 2/8/2011 passed in the case was challenged in revision by the petitioner. The revision was dismissed on 5/2/2013. Hence, the instant petition.