Present application under Section 482 Cr.P.C. is filed challenging the order dated 05.06.2009 passed by Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No. 33 of 2009, by which learned Magistrate decided to frame charge against the applicants/accused persons under Section 506 IPC, although learned Magistrate while considering the evidence on record, decided not to frame any charge under Sections 420, 120-B and 506 IPC.

2. Brief facts of the present case are that a complaint, under Sections 406 and 506 IPC, was filed by respondent (herein as “complainant”) stating accused, despite dissolution of the Committee of Management, are collecting the money illegally and are not submitting the accounts thereof. It is further contended whenever account is called for, accused persons threatened the complainant with dire consequences. Accused persons are illegally utilizing the funds collected after the dissolution of the Committee and not submitting account.

3. Initially, learned Judicial Magistrate vide order dated 16.06.2003 summoned the accused (herein as “applicant”) to face trial under Section 120-B, 406, 504 and 506 IPC. Summoning order dat