Ikbal vs State Of Uttarakhand And Others

Pankaj Purohit, J

This application preferred under Section 482 of the Code of Criminal Procedure, has directed to challenge the entire proceedings of Criminal Case No.1255 of 2022 State Vs. Iqbal & Others, for the offences punishable under Sections 420, 467, 468, 471 and 120-B IPC, pending in the Court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar. A further challenge has also been put to the summoning order dated 10.08.2022 passed by the said Court as well as the charge-sheet dated 07.08.2021 submitted by the police in the Court.

The facts of the case in nutshell are that an FIR was lodged against the applicant on 24.03.2021 stating therein the allegations of misappropriation of land belonging to the informant. It was stated in the FIR that the applicant along with other co-accused persons prepared forged documents and hatched a conspiracy to show the agricultural land belonging to the informant and sold out the same. The matter was investigated, whereupon, the charge-sheet was submitted against the applicant-accused in the Court. On the said charge-sheet, the trial court took cognizance. In the summoning order dated 10.08.2022, the trial court has observed that there was sufficient evidence to take cognizance against the applicant for the alleged offences. Hence, this C482 application.

Heard learned counsel for the applicant as well as learned State Counsel and perused the entire documents available on record.

Learned counsel for the applicant has argued that it is a case of false implication; there is a delay of 21 years in lodging the FIR for which no plausible explanation has been given; no specific role has been assigned to the applicant; the trial court on the basis of conjecture and surmises took cognizance against the applicant and summon him to face the trial. He further submitted that the applicant is old person ailing with various diseases.

On the other hand, learned State Counsel empathically argued that in this matter, the applicant was named as accused in the FIR. In the investigation conducted by the Investigating Officer, the involvement of the applicant was also made out. The trial court on the basis of the evidence available before it has summoned the applicant to face the trial.

The fact, as to whether the offences alleged against the applicant are made out or not, can only be thoroughly examined by the trial court, which can only be done after evidence is led by the prosecution. At this stage, it is quite early to reach to a conclusion whether the applicant was actually involved in the crime or not. The offences alleged against the applicant are quite serious in nature, one of which may result into life imprisonment. Prima facie, the Court is of the view that the case against the applicant is made out at this stage.

In this view of the matter, this Court found no merit to interfere in the matter. The application filed under Section 482 Cr.P.C. fails and the same is accordingly dismissed.

Pending application, if any, also stands disposed of.