JAGDISH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") , has been maintained by the petitioner, for quashing of F.I.R. No. 69/10, dated 23.06.2010, under Sections 406 and 420 of the Indian Penal Code, registered at Police Station Bhawarna, District Kangra, H.P. alongwith consequent proceedings arising out of the said F.I.R., pending before the learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P.

(2.) The facts necessary for adjudication of the present petition are that the residents of Village Dagera made allegations against the petitioner that they have sold their 761 Khair trees to the petitioner, who is a contractor, which were converted into Khair wood and sold to Priya Katha Udhyog main Chintpurni, however the petitioner has not made the payment of Rs. 7,00, 000/- of said trees, to the villagers. On the basis of which, F.I.R. No. 90/10, dated 23.06.2010, under Sections 406 and 420 IPC was registered against the petitioner. Learned trial Court on 25.04.2016, framed the charge against the petitioner.

(3.) Learned counsel for the petitioner has argued that even if the entire facts, which have come on record are taken into consideration, no offence is made out against the petitioner and the continuation of trial against him, is an abuse of the process of law. On the other hand, learned Additional Advocate General has argued that the learned Court below has considered the material, which was before the Court and even framed the charge against the petitioner, so it cannot be said at this moment that there is no case against the petitioner. He has further argued that there is sufficient material on record to proceed against the petitioner, so the present petition may be dismissed. In rebuttal, learned counsel for the petitioner placed reliance upon the judgment rendered by a Coordinate Bench of this Court in Arjun Kalia vs. Ashok Kumar and another's Case (Cr. MMO No. 186 of 2014) and prayed that present petition may be allowed and F.I.R. No. 69/10, dated 206.2010, under Sections 406 and 420 of the Indian Penal Code alongwith all consequent proceedings arising out of the same, may be quashed.