SH. RUNGSHING KHARAY Vs. SH. TUISING SHATSANG
HIGH COURT OF MANIPUR
Sh. Rungshing Kharay
Sh. Tuising Shatsang
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MV MURALIDARAN,J. -
(1.) The petitioners have come forward with this petition to quash the proceedings in Criminal (C) Case No.1 of 2017
pending on the file of the Chief Judicial Magistrate, Ukhrul for the
offence under Sections 403, 404, 406, 409, 419, 420, 424, 465
and 120-B of IPC.
(2.) The respondent had filed Criminal (C) Case No.1 of 2017 before the learned Chief Judicial Magistrate, Ukhrul under
Section 190 read with 156(3) of Cr.P.C. seeking to take
cognizance of the case and issue warrant of arrest against the
petitioners alleging that the petitioners had fraudulently
withdrawn and misappropriated a sum of Rs.9,13,674.80 from
the respondent's deceased wife account bearing Account
No.20011268402 maintained in State Bank of India, Somsai,
Ukhrul. The learned Chief Judicial Magistrate, Ukhrul has taken
cognizance of the offence under Sections 403, 404, 406, 409,
419, 420, 424, 465 and 120-B of IPC and issued summons to the petitioners.
(3.) The petitioners have filed objections seeking to dismiss the complaint as not maintainable and discharge them from the
case stating that the respondent has neither approached the
Station House Officer as required under Section 154(1) Cr.P.C.,
nor has approached the Superintendent of Police as provided
under Section 154(3) of the Code and prayed for dismissal of the
complaint preferred by the respondent. By an order dated
05.02.2018, the learned Chief Judicial Magistrate framed charges against the petitioners under Sections 404 and 406 read
with Section 120-B of IPC. Challenging the same, the petitioners
have come up with the present petition seeking to quash the
entire proceedings in Criminal (C) Case No.1 of 2017.;
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