Mr. Rajan Malik vs State of Uttarakhand and Suresh Kumar Puri

Prafulla C. Pant, J.—Heard

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 2704 of 2007, State v. Karan Singh Chauhan, relating to offences punishable u/s 467, 468, 429, 466, 120B I.P.C, pending in the court of Chief Judicial Magistrate Dehradun.

Learned Counsel for the petitioner submitted that though in the First Information Report, it is alleged that the sale deed was executed in favour of Sandip Sahni by accused Karan Singh Chauhan after allegedly forging a will of Surya Kumar Puri. It is pleaded that the petitioner has been shown as a witness of the will; as such he has no roll in commission to crime.

On the other hand learned Counsel for respondent No. 2 drew attention of this Court to the fact that the petition u/s 482 of Cr.P.C (Criminal Misc. Application No. 24 of 2008) filed by co accused R.S. Panwar with similar role has been dismissed by this Court vide its order dated 08.08.2008.

The plea of innocence taken by the petitioner is factual in nature which requires recording of evidence by the trial court. In the facts and circumstances, the present case can not be said to be a case of abuse of process of law or a case in which the powers u/s 482 of Cr.P.C should be exercised.

Therefore, without expressing any opinion as to final merits of this case, the petition u/s 482 of Cr.P.C is dismissed with the observation that if the petitioner Rajan Malik surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay.