WAZID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A very interesting and a very peculiar situation, which has developed in the present C482 application is that the present applicant is named in Case Crime No. 9 of 2010, which was registered on 6/1/2010 at Police Station Bhagwanpur, Tehsil Roorkee, Haridwar, along with as many as seven other co-accused persons and in the FIR in question, which was registered as FIR No. 9 of 2010 on 16/1/2010 as many as seven accused persons have been named in the FIR for their involvement in commission of an offence under Sec. 420 of IPC. After having gone through the contents of the FIR the main allegation pertaining to the commission of the offence has been leveled as against the present applicant, who had been involved in the actual money transfer, who had acted as a custodian, and the money which was involved in the transaction which has been complained of in the FIR as registered before Thana Bhagwanpur, Haridwar.

(2.) As against the said offence a chargesheet was submitted being Chargesheet No. 19/10 dtd. 3/3/2010, in which the applicant is yet again shown to be as an accused person responsible for the commission of an offence, and as a consequence thereto, he had been summoned by the Court of Judicial Magistrate/Additional Civil Judge (J.D.), Roorkee, Haridwar on 20/3/2010 in Criminal Case No. 435 of 2010 'State vs. Wazid and Others' under Sec. 420 of IPC.

(3.) Arising out of the same offence and as registered against the other co-accused persons there were number of other C482 applications, which were filed before this Court. The details of which are given hereunder: