Decided on July 17,2013

N K Sharma And Two Others Appellant
Surender Singh Manral Respondents


- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to set aside the summoning order dated 24.08.2007 passed by Additional Chief Judicial Magistrate, Haldwani in Criminal Complaint No. 2335 of 2007, whereby the accused-applicants were summoned to face the trial for the offences punishable under Sections 392, 504, 506 and 120B IPC.
(2.) A criminal complaint case was filed by the respondent Surender Singh Manral against six accused persons including the present applicants. After recording the statements of the complainant and others under Sections 200 and 202 Cr.P.C., the accused persons were summoned to face the trial for the offences punishable under Sections 392, 504, 506 and 120B IPC. Aggrieved against the impugned summoning order, present Criminal Misc. Application under Section 482 Cr.P.C. was filed.
(3.) The complainant-respondent purchased a truck from accused no. 1 by taking a loan on hire purchase agreement. According to the complainant, when on 26.05.2007, his truck was standing at Devalchaud, Rampur Road, Haldwani, some miscreants robbed the truck from the possession of the truck driver. When the complainant made an inquiry about the same, it was revealed that they were the officers of Kotak Mahindra Bank Limited of Haldwani Branch. The complainant went to the office of the Bank. Two persons working in the Bank were present with those persons, who looted the truck. When the complainant met accused no. 4 & 5, they told complainant that they did so on the instructions of accused no. 2 & 3. Accused no. 4 & 5 told the complainant that after completing some official formalities, the truck will be returned to him. The complainant agreed to sign on certain papers, but the truck was not returned to him. The officials of the Kotak Mahindra Bank Limited of Haldwani Branch told the complainant to deposit Rupees three lacs with the Bank, then only the truck would be returned to him. ;

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