Uttarakhand High Court
Jenulhaq And Others ... vs State Of Uttarakhand & Another on 13 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No.2512 of 2023
Jenulhaq and others .........Applicants
Versus
State of Uttarakhand & another .........Respondents
Mr. Pranav Singh, Advocate for the applicants.
Mr. Vipul Painuly, AGA for the State.
None is present for respondent no.2.
Hon'ble Pankaj Purohit, J. (Oral)
This C482 application preferred under Section 482 Cr.P.C. is directed against the summoning order dated 06.01.2023 passed by learned Judicial Magistrate, Haridwar in Complaint Case No.1946 of 2022, whereby, the applicants have been summoned to face the trial under Sections 504 and 506 of IPC.
2. Facts in nutshell are that an application was filed by respondent no.2, herein with the averments that on 09.12.2011, a residential plot area 1500 square feet was purchased by her from one Nazim Hussain. Applicant No.1 along with one other accused, in connivance with applicant nos.2 and 3 prepared a forged Will and with the intention of cheating, executed the sale deed of the aforesaid plot in favour of one Ravindra Walia. When the respondent no.2 obtained the certified copy in respect of the aforesaid Will, it was revealed that no such Will had actually been executed by Nazir Ahmed in favour of applicant no.1 and one Anwari Beguam. When on 18.03.2013 at about 11:00 of the day when the respondent no.2 had a discussion with the accused persons, he was told to do whatever he wants. He was also 1 subjected to filthy abuses with the further threat of being killed, if any, legal action is taken against them. The respondent No.2 tried to lodge the report, but no action was taken. Consequently, on 03.04.2013, he gave an application to SSP, Haridwar, wherein, the request to direct the S.H.O., Kotwali, Jwalapur for conducting the investigation was made. When that too failed, the respondent no.2 moved an application under Section 156(3) Cr.P.C. in the court of learned Judicial Magistrate, Haridwar. On the said application, the Court took cognizance treating it as a Complaint Case under Section 190(1)(a) of Cr.P.C., 1973. The respondent no.2/complainant in support of his case produced certain written documents. In oral evidence, he produced his all evidences under Sections 200 and 202 Cr.P.C. , he produced the evidence of three witnesses.
3. Having perused the evidence produced before the trial court, the applicants were summoned to face the trial under Sections 504 and 506 IPC. Hence, this application has been filed under Section 482 Cr.P.C.
4. Learned counsel for the applicants has argued that the trial court has erred in law for summoning the applicants to face the trial; no offence is made out against them; it is a matter of civil dispute and the application is liable to be allowed.
5. On the other hand, learned State Counsel supported the order passed by the trial court.
6. It needs to be mentioned at this stage that the notice was issued to respondent nos.2 and 3 wherefor, the 2 power has been filed by respondent no.2, but none appears today on behalf of the said respondents.
7. Having perused the order passed by the trial court as well as material available on record, I am of the view that no case for interference is made out in this matter at all.
8. The trial court has also held that prima facie no element of cheating by forging the documents is made out and it only summoned the accused to face the trial under Sections 504 and 506 of IPC. The accused persons have already been exonerated for the offence under Sections 467, 468 and 420 IPC. Even for the offences for which the applicants have been summoned, they are free to discredit evidence during cross examination of the prosecution witnesses. This entire exercise can only been undertaken by the trial court. This Court is not supposed to conduct trial in the matter while exercising powers under Section 482 of the Cr.P.C.
9. Accordingly, the present C482 application fails and the same is dismissed.
(Pankaj Purohit, J.) 13.05.2025 Ravi 3