N K SHARMA AND TWO OTHERS Vs. SURENDER SINGH MANRAL
HIGH COURT OF UTTARAKHAND
N K Sharma And Two Others
Surender Singh Manral
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(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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