SH. RUNGSHING KHARAY Vs. SH. TUISING SHATSANG
LAWS(MANIP)-2019-4-8
HIGH COURT OF MANIPUR
Decided on April 26,2019

Sh. Rungshing Kharay Appellant
VERSUS
Sh. Tuising Shatsang Respondents

JUDGEMENT

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of the case and issue warrant of arrest against the petitioners alleging that the petitioners had fraudulently withdrawn and misappropriated a sum of Rs.9,13,674.80 from the respondent's deceased wife account bearing Account No.20011268402 maintained in State Bank of India,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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