Janki Joshi vs State of Uttarakhand and Another

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. 01 of 2011, State v. Janki Devi, relating to offences punishable u/s 420, 406 I.P.C, pending in the court of Judicial Magistrate, Ranikhet (Almora).

Learned Counsel for the Petitioner pointed out the First Information Report is lodged by the complainant after a period of more than two years. It is submitted that dispute between the complainant and Petitioner relates to the succession of assets of Devki Joshi, who was sister of Petitioner, and wife of the complainant. Admittedly, Devki Devi died of cancer. Learned Counsel for the Petitioner submitted that the dispute between the complainant and Petitioner is purely of civil nature, and ingredients of offences punishable u/s 420 and 406 I.P.C., are not made out.

Admit the petition.

Learned Counsel for the State, prays for and is allowed six weeks time to file the counter affidavit.

Issue notices to Respondent no 2 Pramod Chandra Joshi, who may file his counter affidavit within a period of six 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 further proceedings of Criminal Case No. 01 of 2011, State v. Janki Devi, relating to offences punishable u/s 420, 406 I.P.C, pending in the court of Judicial Magistrate, Ranikhet (Almora), are stayed till the next date of listing.

List after six weeks.