RATAN KUMAR SRIVASTAVA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Shri Sandeep Tandon, coun sel for the applicant, Ms. Prabha Noliyal, counsel for the opposite party no. 2 and A. G. A. for the State.

(2.) BY the present application filed under Section 482 of the Code of Crimi nal Procedure, the applicant has prayed for quashing the order dated 8th May, 2006 passed by the Judicial Magistrate 1st, Dehradun in Criminal Case No. 1251 of 2006 State Vs. Ratan Kumar Srivastava under Section 420, 467, 468, 471, 472 ,i. P. C and for quashing the charge-sheet dated 3rd May, 2006 sub mitted by Police Rajpur, District- Dehradun in Case Crime No. 5 of 2006 and also for quashing the entire proceed ings of Criminal Case No. 1251 of 2006 State Vs. Ratan Kumar Srivastava based on charge-sheet submitted by Police in Case Crime No. 5 of 2006.

(3.) COUNSEL for the applicant has submitted that respondent no. 2 wanted to evict the applicant from the above Said property and hence stopped accept ing the rent. The suit has been filed by the applicant on 25-04-2005 being Origi nal Suit No. 24 of 2005, where the ap plicant has claimed the following relief: "it is, therefore, PRAYED that the following relief be granted in favour of the plaintiff and against the de fendant : A) That the defendant, his agents, employee etc. etc. be restrained through permanent injunction to not to dispossess the plaintiff from the property in suit forci bly and without due course of law. B) Full cost of the suit be awarded to the plaintiff. C) Any other relief which the Hon'ble Court deems fit be also awarded in favour of the plain-tiff. "