AI Structured Summary
Not yet generated for this judgment
Judgment
SUDHANSHU DHULIA, J. (ORAL)
Pursuant to an FIR lodged by respondent no.2 against the accused applicant and two other co-accused persons, a Case Crime No. 266/16 was
registered against the accused persons for the offences under Sections 420, 504, 506 IPC in Police Station Patel Nagar, Dehradun. After investigation,
the chargesheet has been filed and thereafter the Chief Judicial Magistrate, Dehradun has taken cognizance of the offences under Sections 420, 467,
468, 504, 506 and 120B of the IPC. Aggrieved, the accused applicant has filed the present criminal miscellaneous application under Section 482 CrPC.
The case of the applicant is that chargesheet has been filed against him on extremely thin evidence. The case of the prosecution is that the accused
applicant, who is an employee of a financing company has taken bribe from the person who took the loan for disbursal of the loan amount. Thereafter
the borrower defaulted in making payment of the installments. Consequently, the FIR was lodged against the borrower, guarantor and the present
applicant.
Â
Present criminal miscellaneous application is disposed of with the observation that the accused applicant shall be at liberty to move an application
for his discharge at the appropriate stage which shall be considered in accordance with law.
It is made clear that any observation made by this Court is only for the purpose of deciding the present application.