Shan Singh Rawat vs State of Uttrakhand and Others

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. 826 of 2011, State v. Naeema Khatoon and Ors. relating to offences punishable u/s 420, 467, 468, 471 of I.P.C., Police Station Dalanwala, pending in the court of Chief Judicial Magistrate, Dehradun.

The First Information Report is lodged by the public servant after inquiry in which it is alleged that the accused including the Petitioner had submitted false sanctioned maps of building to obtain the loan from the Central Bank of India. Learned Counsel for the Petitioner submitted that Petitioner had obtained education loan, and document was not necessarily required to be submitted to the bank.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as final merits of the case, this Court is of the view, that it is not a fit case where interference is required by this Court u/s 482 of Code of Criminal Procedure The Petitioner is at liberty to take the plea of his innocence before the trial court. It is for the trial to appreciate the factual defence raised by the Petitioner pleading the innocence.

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