Abbas Ali vs State of Uttarakhand and Shyam Lal @ Shyam Pal

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure) the Petitioner has sought quashing of the proceedings of Criminal Case No. 226 of 2009, State v. Brijmohan and Ors., relating to offences punishable u/s 419, 420, 467, 468, 471, 167 IPC, pending in the court of Judicial Magistrate Khatima, Udham Singh Nagar.

Learned Counsel for the Petitioner submitted that Petitioner is innocent. It is further pleaded that the allegations of making false report are made against the Dalip Singh, Revenue Officer, and not the present Petitioner. However, having considered submissions of learned Counsel for the Petitioner and after going through the papers on record, this Court finds that disputed question of facts have been raised relating to the question of the complicity of the Petitioner in the case which pertains to forgery in respect of execution of a document in which complainant has been shown as a dead person.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view it is not a fit case to interfere with the trial.

Accordingly, the petition u/s 482 Code of Criminal Procedure, is dismissed summarily.