SANTOSH KUMAR BAGLA AND OTHERS Vs. STATE OF UTTARANCHAL AND ANOTHER
LAWS(UTN)-2013-7-172
HIGH COURT OF UTTARAKHAND
Decided on July 19,2013

Santosh Kumar Bagla And Others Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge sheet no. 9 of 2004, dated 30.12.2004 (annexure no. 3 to affidavit accompanying the application) as well as the proceedings of criminal case no. 40 of 2005, State of Uttaranchal vs. Sanjay Daksha and others, under Sections 420, 467, 468, 471, 504, 506 and 120-B IPC, pending in the Court of Chief Judicial Magistrate, Dehradun.
(2.) A first information report was lodged by respondent no. 2 against the five accused persons including the applicants on 20.11.2004, in PS Cantt. Sadar, which was registered as case crime no. 91 of 2004, under Sections 420, 504, 506 IPC. After the investigation, a charge sheet was submitted against all the accused persons in relation to the offences under Sections 420, 504, 506, 120B, 467, 468 and 471 IPC. Cognizance was taken and the accused persons were summoned to face the trial. Aggrieved against the said order, present application under Section 482 Cr.P.C. was moved.
(3.) Learned counsel for the applicants drew the attention of this Court towards the order dated 02.12.2004, passed by the Hon'ble Division Bench of this Court (annexure 2 to the application under Section 482 Cr.P.C. and annexure RA-3), in Criminal Writ Petition No. 1184 of 2004 (M/B) Santosh Kumar Bagla and three others vs. State of Uttaranchal. Hon'ble Division Bench passed the following order : " 2. .. The matter is of civil nature and there appears to be a litigation pending in the Civil Court .";


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