Uttarakhand High Court
Naresh Singh And Others vs Charan Singh on 2 March, 2016
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Miscellaneous Application No. 225 of 2016
(under Section C482 of Cr.P.C.)
Naresh Singh & others ...........Applicants
Versus
Charan Singh @ Charana .......Respondent
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Mr. Kartikey Hari Gupta, Advocate, present for the applicant.
2. A complaint has been filed by the respondent against the applicants, which has been registered as complaint case no.266 of 2014 (Charan Singh Vs. Naresh Singh and others) under Sections 419, 420, 464, 465 & 468 of IPC, pending in the court of learned 1st Judicial Magistrate, Haridwar.
3. Prima facie, a case was made out against the applicants and summon have been issued after recording the statement of the complainant and other witnesses under Sections 200 & 202 of Cr.P.C.
4. The applicants said that the whole basis of the case is made out by the complainant on the basis of a photocopy documents, which could not have been relied upon by the trial court and there are other submission as well.
5. At this stage, when the learned Magistrate had issued summons to the applicants there is absolutely no right to be heard by the learned Magistrate. These grounds which the applicants are submitting before this Court can very well submitted before the learned Magistrate, who shall take due notice of the same, in accordance with law.
6. The application filed under Section 482 of Cr.P.C., stands disposed.
(Sudhanshu Dhulia, J.) 02.03.2016 Nitesh