Shahid, Yusuf and Shamim vs State of Uttarakhand and Noor Alam

Prafulla C. Pant, J.—By means of the this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioners have sought quashing of the proceedings of Criminal Case No. 141 of 2010 State v. Shahid and Ors., relating to offences punishable u/s 420, 467, 468, 471 of I.P.C., Police Station, Laksar, District Haridwar, pending in the court of Judicial Magistrate, Laksar.

Learned Counsel for the petitioner submitted that deceased Suganiya was maternal grand mother of the petitioners. The respondent No. 2 Noor Alam got himself mutated in the revenue record on the basis of a forged ''will'' even, before Suganiya died. After her death, on coming to know of said fact, the petitioner No. 2 Yusuf lodged First Information Report against Noor Alam and others on 12.06.2009, which was registered as Crime No. 144 of 2009. The respondent No. 2 Noor Alam, as a counter blast lodged the cross First Information Report on 19.06.2009, which was registered as Crime No. 144A of 2009 against the petitioners. It is alleged on behalf of the petitioners that it is abuse of process of law on the part of the respondent No. 2 to initiate the criminal proceedings only to pressurize the petitioners in the criminal case instituted against the respondent No. 2.

Admit the petition.

Issue notices to respondent No. 2, who may file his counter affidavit within a period of four weeks.

Learned Counsel for the State may also file its counter affidavit within a period of four weeks. Meanwhile the proceedings of Criminal Case No. 141 of 2010 State v. Shahid and Ors., relating to offences punishable u/s 420, 467, 468, 471 of I.P.C., Police Station, Laksar, District Haridwar, pending in the court of Judicial Magistrate, Laksar, District Haridwar, are stayed until further orders of this Court.

List after four weeks.