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Judgment
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 order dated 27.04.2010, passed by Chief Judicial Magistrate, Champawat, in Criminal Case No. 195 of 2009, State v. Suresh Ram and Ors. relating to offences punishable u/s 420, 467, 468, 471, 120B of I.P.C.
Brief facts of the case are that there were certain complaints relating to cheating, forgery and criminal conspiracy in respect of amount drawn by certain beneficiaries under the "JAN SHREE BEEMA YOJANA" floated by the Government. Mr. Narain Singh Dangi, Sub Divisional Magistrate, Lohaghat, conducted a detailed enquiry in the matter before getting lodged the First Information Report. On the basis of the enquiry report of Sub Divisional Magistrate, complainant/respondent No. 2 Mahipal Singh Chauhan, Assistant Manager, Uttarakhand Multipurpose Finance and Development Corporation, Champawat, lodged the First Information Report against nine accused, namely Suresh Ram, Smt Basanti Devi, Smt Radhi Devi, Smt Dharma Devi, Smt Janki Devi, Smt Jhupa Devi, Rajesh Chandra Joshi, Ganga Dutt Nariyal and Het Ram Bohara. Said report was registered as Crime No. 180 of 2008, relating to offences punishable u/s 420 I.P.C, with police station Kotwali Champawat. After investigation, charge sheet was filed by the Investigating Officer against the aforesaid nine persons, in respect of offences punishable u/s 420, 476, 478, 471, 120-B of I.P.C. During the trial statement of PW1 N.S. Dangi, Sub Divisional Magistrate was recorded. After his statement was recorded, that the trial court vide its impugned order dated 27.04.2010, directed the petitioner Amar Nath Goswami and 11 others be summoned to face the trial, exercising the powers u/s 319 of Cr.P.C.
Learned Counsel for the petitioner submitted that the power u/s 319 of Cr.P.C is not supposed to be exercised lightly. It is further submitted that the petitioner is a public servant. It is further pleaded that without there being sanction, as required u/s 197 of Cr.P.C, he could not have been prosecuted.
Admit the petition.
Learned Brief Holder for the State prays for and is allowed three weeks time to file the counter affidavit.
Issue notices to respondent No. 2 Mahipal Singh Chauhan, who may file his counter affidavit, within a period of three weeks.
Having considered submissions of learned Counsel for the petitioner and after going through the papers on record, as an interim measure, it is directed that operation of the impugned order dated 27.04.2010, shall remain stayed to the extent of trial of the persons summoned u/s 319 of Cr.P.C., which includes name of the present petitioner. However, it is clarified that the trial court may proceed further with the trial of the accused against whom charge sheet was filed by the Investigating Officer.
List this petition after three weeks along with Criminal Misc. Application C482 No. 442 of 2010.