JUDGMENT

U.C. Dhyani, J. (Oral)

By means of present application, under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet dated 25.02.2010, summoning order dated 06.04.2010, as also the entire proceedings of criminal case no. 849 of 2010, State vs. Virendra Mohan Uniyal, under Sections 420, 467, 468, 471, 120B IPC, pending in the court of Chief Judicial Magistrate, Dehradun.

2. Brief facts of the case, giving rise to present application under Section 482 Cr.P.C., are that one Sri G.N. Kathpalia, P.N. Kathpalia, both r/o E-190, Greater Kailash Colony II, New Delhi and one Sri Ashok Kathpalia r/o S-45, Greater Kailash, New Delhi were the owners of property no. 38, E.C. Road, Dehradun on the basis of a registered sale deed dated 06.09.1957 executed in their favour by Her Highness Maharani Urmila Devi w/o Highness Maharana Sri Pratap Singh Malvendra Bahadur Nabha. On 19.07.1990, G.N. Kathpalia executed a power of attorney regarding 700 sq. mt. land of property no. 38, E.C. Road, Dehradun in favour of Harmindra Singh s/o Trilok Singh r/o 15-B, Rajpur Road, Dehradun. The said power of attorney was cancelled by G.N. Kathpalia vide cancellation deed dated 15.06.1992. Despite the cancellation deed dated 15.06.1992 as well as cancellation of power of attorney, Sardar Harmindra Singh executed a lease deed regarding the property mentioned in the power of attorney in favour of his wife Smt. Kiran showing her a tenant at the rate of Rs. 10/- per annum w.e.f. 30.06.1983.

3. Sri Ashok Kathpalia sold his 6 Bigha land of property no. 38 E.C. Road, Dehradun adjoining the property no. 36, E.C. Road, Dehradun to the applicant and executed power of attorney in favour of applicant and also executed a Will dated 16.09.1999 in favour of the applicant. The said Will was notarized by Notary Public Dehradun on 14.10.1999. Thereafter, Ashok Kathpalia expired on 01.10.2000 and applicant became the owner of property i.e. 6 Bigha land of property no. 38 E.C. Road, Dehradun, on the basis of Will and power of attorney in which the applicant is still in possession over the said land. G.N. Kathpalia and P.N. Kathpalia also cancelled the power of attorney which was executed in favour of Harmindra Singh and executed power of attorney in favour of applicant regarding the property no. 38, E.C . Road, Dehradun as Harmindra Singh played fraud with them and Sri Ashok Kathpalia also cancelled the power of attorney executed in favour of Harmindra Singh and his wife Kiran Kaur. The aforesaid property was purchased by the applicant from G.N. Kathpalia, P.N. Kathpalia and Ashok Kathpalia, but Sardar Harmindra Singh tried to sold the aforesaid land to some other person then applicant made a complaint before the A.D.M.(F), Dehradun on 14.01.2005. Opposite Party no. 2 s/o Sardar Harmindra Singh moved an application under Section 156(3) Cr.P.C. against the applicant and one other in the court of C.J.M., Dehradun and on directions of said court, an FIR under Sections 420, 467, 468, 471, 120B IPC was registered against the applicant and co-accused Subey Singh as case crime no. 30 of 2009, at P.S. Dalanwala, Dehradun on 28.01.2009. Against said FIR, dated 28.01.2009, applicant filed a criminal writ petition no. 1082 of 2009 before this Court, and the Court vide order dated 15.12.2009, stayed the arrest of the petitioner.

4. The allegation against the present application in a nutshell, is that he made a forged Will and with the help of said forged Will got succeeded in getting the property mutated in his favour in the records of Nagar Nigam, Dehradun.

5. After investigation, police submitted charge sheet against the applicant and other co-accused under Sections 420, 467, 468, 471, 120B IPC. After submission of charge sheet, learned C.J.M., Dehradun summoned the applicant vide order dated 06.04.2010, for facing the trial in respect of selfsame offences. Feeling aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the accused-applicant