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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, (for short Cr.P.C,) the petitioners have sought quashing of the impugned order dated 27.04.2010, passed by Chief Judicial Magistrate, Champawat, in criminal case No. 195 of 2009.
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 detailed enquiry in the matter before getting lodged the first information report. On the basis of the enquiry report of the 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. Radha 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 offence punishable u/s 420 of 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, 120B of I.P.C. During the trial, the statement of P.W.1 N.S. Dangi, Sub Divisional Magistrate, was recorded. After his statement was recorded, the trial court (Chief Judicial Magistrate, Champawat) vide his order dated 27.04.2010, exercising powers u/s 319 of Cr.P.C, directed twelve persons including two petitioners namely K.S. Kafalia and Madho Ram Arya to face the trial.
Learned Counsel for the petitioners submitted that the powers u/s 319 of Cr.P.C, are not supposed to be exercised lightly. It is further submitted that petitioners are public servants and their prosecution, without obtaining sanction u/s 197 of Cr.P.C, cannot be proceeded with.
Admit the petition.
Learned Counsel 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 petitioners 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 names of the present petitioners. However, it is clarified that the trial may proceed further as against the nine persons named in the charge sheet by the Investigating Officer.
List this petition after three weeks alongwith connected criminal miscellaneous application (C482) No. 442 of 2010.