Uttarakhand High Court
Crime No.0315/2024) vs Smt. Santosh Kumari And Others" Under ... on 4 April, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
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04.04.2025 C528 No.430 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Nikhil Singhal, learned counsel for the petitioners.
2. Mr. Deepak Bisht, learned Deputy Advocate General along with Mr. Devender Singh, learned Brief Holder for the State.
3. This petition under Section 528 of the B.N.S.S. has been filed for quashing the charge-sheet dated 26.09.2024 and summoning order dated 06.11.2024 passed by the Learned Chief Judicial Magistrate, Haridwar in Criminal Case No.8618 of 2024 (Case Crime No.0315/2024), "State of Uttarakhand Vs. Smt. Santosh Kumari and Others" under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar along with entire proceedings of the above criminal case.
4. Leaned counsel for the petitioners /accused would submit that co-accused Santosh Kumari had contested for the posts of Village Pradhan; that, the co-accused Santosh Kumari was declared as winning candidate in the said election; that, Smt. Rishu Saini had also contested in the said election but she was declared unsuccessful and she filed an election petition against Smt. Santosh Kumari on the ground that returning candidate Smt. Santosh Kumari had produced forged and fabricated transfer certificate in connivance with the petitioners/accused.
Learned counsel for the petitioners/accused would further submit that during the pendency of the election petition an FIR has been filed by respondent no.2 against Smt. Santosh Kumari and the petitioners/accused under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar; that, the petitioners/accused have neither fabricated any forged transfer certificate nor did they have any collusion with co-accused Smt. Santosh; that, the petitioners have been implicated on the basis of the concocted story; that, Investigating Officer without conducting due investigation and under influence of respondent no.2 have charge- sheeted the petitioners/accused.
5. Issue notice to respondent no.2 through ordinary process and registered post acknowledgement due as well as by Email and WhatsApp, if available.
6. Steps to be taken within two weeks.
7. Learned counsel for the State may file counter affidavit, if any, before the next date of listing.
8. List this case for hearing on admission on 30.06.2025.
9. Till the next date of listing, further proceedings of Criminal Case No.8618 of 2024 (Case Crime No.0315/2024), "State of Uttarakhand Vs. Smt. Santosh Kumari and Others" under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar pending in the Court of learned Chief Judicial Magistrate, Haridwar shall remain stayed qua the petitioners/accused.
(Vivek Bharti Sharma, J.) 04.04.2025 SS