Hon'Ble R.C. Khulbe vs Ravindra Brahamchari" For
2021 Latest Caselaw 322 UK

C-482 No. 141 of 2021
Hon'ble R.C. Khulbe, J.

Mr. Ramji Srivastava, learned counsel for the applicant.

Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

The applicant has filed this application, under Section 482 Cr.P.C, for quashing the summoning order dated 06.08.2020 as well as the entire proceedings of Criminal Case No. 518 of 2020, "State vs. Ravindra Brahamchari" for the offences punishable under Sections 420, 467, 468 and 471 IPC registered at P.S. Muni- Ki-Reti, District Tehri Garhwal pending in the court of the learned Judicial Magistrate, Narendra Nagar, District-Tehri Garhwal.

It is argued by the learned counsel for the applicant that Swami Hansraj Ji Maharaj has executed a Will in favour of the present applicant, namely, Ravindra Brahamchari and, on the basis of the said Will and other documents, a society was got registered under the Society Registration Act.

The second respondent had filed a civil suit before the Civil Judge (J.D.), Narendra Nagar, District Tehri Garhwal for cancellation of the aforesaid Will as well as the injunction order which was decreed in favour of the applicant.

Aggrieved thereby, the present applicant preferred two appeals before the District Judge, Tehri Garhwal, whereby the learned District Judge, Tehri Garhwal set aside the judgment and order dated 30.03.2016 passed by the learned Civil Judge and ultimately the matter was remanded back. The matter is still pending before the learned Civil Judge.

The second respondent lodged a false F.I.R. with P.S. Muni-Ki-Reti against the applicant regarding the aforesaid Will and Society. Since the matter was sub-judice, the learned trial Court did not consider this issue and simply summoned the applicant on the basis of the charge-sheet submitted by the Investigating Officer, while there was no evidence.

Issue notice to the second respondent. Steps to be taken within seven days.

Learned State Counsel prays for and is granted four weeks' time to file counter affidavit.

List this case on 24.03.2021.

In the meantime, the proceedings pending before the lower court shall remain stayed qua the present applicant.

(R.C. Khulbe, J.) Vacation Judge 02.02.2021 SB