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2010 Supreme(All) 2339

DHARAM VEER
Om Kumar Malik – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
Mr. Sandeep Tandon, Advocate for the applicants
Mr. Amit Bhatt, Addl. GA for the State
None for respondent no.2

JUDGMENT:

DHARAM VEER, J.


Since both these applications u/s 482 Cr.P.C. have been filed by the applicants against the same Criminal Case No.291 of 2006 and against the summoning order dated 13.12.2005, hence, both these applications are being disposed of by this one and common order.

2. By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioners/applicants have sought quashing of the order dated 13.12.2005 passed by Judicial Magistrate, Lansdowne, District Pauri Garhwal in Criminal Case No.291 of 2006 (old no.446 of 2005), State Vs. Ram Kumar and ohter, relating to offences punishable under Sections 379, 434, 201 of the Indian Penal Code, 1860 (for short, the IPC) and one punishable 4/10 of U.P. Protection of Trees Act, 1976 (for short, the Act) and the charge sheet submitted by the police in case crime no.1 of 2000.

3. Heard learned counsel for the parties and perused the entire material available on file.

4. Brief facts of the case are that respondent no.2 Govind Singh Sarpanch moved an application to the Patti Patwari, Buggi 5, District Pauri Garhwal on 15.5.2000 stating therein that in the month of December


























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