VINIT JAIN AND ANOTHER Vs. STATE OF UTTARANCHAL AND ANOTHER
LAWS(UTN)-2013-5-142
HIGH COURT OF UTTARAKHAND
Decided on May 15,2013

Vinit Jain And Another Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the chargesheet dated 02.04.2005 (Annexure 4 to the affidavit) as well as the proceedings of criminal case no. 694 of 2005, Kundan Singh Chauhan vs. Sanjay Chauhan and another under Sections 420, 467, 468, 471 of IPC, pending in the court of Special Judicial Magistrate I, Dehradun.
(2.) An FIR was lodged by respondent no. 2 against four accused persons, including the applicants, in respect of offences punishable under Sections 420, 463, 464, 467, 470 of IPC. After the investigation, chargesheet was submitted against the applicants only in respect of offences punishable under Sections 420, 467, 468, 470 of IPC. Cognizance on the same was taken by the learned Magistrate. The accusedapplicants were summoned to face the trial. Aggrieved against the same, the present application under Section 482 of Cr.P.C. was preferred.
(3.) Efforts were made to effect service of notice upon respondent no. 2, but even the last effort made in this regard yielded no results. The postal envelope containing the photocopies of the application under Section 482 of Cr.P.C. and other papers was returned with the endorsement 'not deliverable as addressed, unable to forward'. In the absence of respondent no. 2, this Court was rendered assistance by Mr. P.S. Saun, learned AGA for the State (respondent no. 1).;


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