C482/1259/2010 of LAXMAN SINGH AND ANR Vs STATE OF UTTARAKHAND AND ANR on 31 December 2010

Arguments

Shri G.S.Negi, Advocate, present for the petitioners Shri M.A.Khan, Brief Holder present for the State.

Heard.

By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C), the petitioners have sought quashing of the proceedings of Criminal Case No. 339 of 2009, Mathura Prasad vs Laxman Singh and others, relating tooffences punishable under section 420, 467, 468, 471, 120B I.P.C., pending in the court of Judicial Magistrate, Srinagar, Garhwal.

Learned counsel for the petitioners submitted that the petitioners are innocent bonafide purchasers of the property in question, and they have committed no forgery. On the other hand, from the impugned order by which the accused are summoned, it appears that the person who is said to have transferred the land to the petitioners had died long back, in the year 1998. In such circumstances, the factual dispute as to whether the petitioners were bonafide in purchasing the land, or whether there had been any fraud with them, can not be examined by this court in its jurisdiction under section 482 Cr.P.C.

Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioner no.2 Jai Singh Negi surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. It is further observed that the petitioners may plead their innocence before the trial court.