KAILASH CHANDRA ARYA @ KANNU AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Kailash Chandra Arya @ Kannu And Others
State of Uttarakhand and another
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(1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 22.06.2010 and the summoning order dated 26.08.2010 passed by the Judicial Magistrate, Ramnagar, District Nainital in Criminal Case no.622 of 2010 titled as State vs. Raju & others under Section 420 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by informant-respondent no.2 against the accused-applicants on 25.03.2010 at Police Station Ramnagar, District Nainital. After the investigation, a charge-sheet was submitted against the accused-applicants for the offence punishable under Section 420 IPC. The cognizance was taken by the Judicial Magistrate, Ramnagar, vide order dated 26.08.2010 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was preferred by the accused-applicants.
(3.) According to the informant-respondent no.2, he is the permanent resident of Village Chainpuri, Nai Basti, Tehsil & Police Station Ramnagar, District Nainital. He owned an agricultural land in the said village. The land fell in the forest area. He was cultivating his land for the last 40 years. He came to know that the accused-applicants sold the said land for a sum of Rs.4 lakhs under informant's name. In other words, it is the allegation that the accused-applicants sold the land of the informant to someone by making forged signatures of the informant. According to the FIR, informant/respondent no.2 did not sell his land to anybody.;
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