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2023 Supreme(UK) 194

RAVINDRA MAITHANI
Kapil Adwetya (Pilot Baba) – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arvind Vashistha, Vivek Pathak.
For the Respondents: Lalit Miglani, B.P.S. Mer.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the order dated 18.02.2020, passed in Criminal Case No. 727 of 2010, by the court of Judicial Magistrate, Nainital (for short “the case”). By which, an application for discharge filed by the petitioner has been dismissed and the court observed that there are sufficient grounds for framing charge under Sections 420, 406, 506, 120B IPC.

2. Heard learned counsel for the parties and perused the record.

3. The facts necessary to appreciate the controversy briefly stated are as follows: The respondent no. 2 (for short “the informant”) filed an FIR, on 25.11.2008, against the petitioner and others under Sections 420, 406, 506 IPC at Police Station Tallital, District Nainital (for short “the first FIR”). According to it, the petitioner and the co-accused on 13.06.2008, induced him to deliver Rs. 67,760/- and ensured that he would be paid Rs. 50,500/- per month for running a computer shop. But, thereafter, assured sum was not paid and when demanded, threats were extended to him. According to the FIR, the petitioner, the co-accused and others, cheated other persons also. In this FIR, after investigation, charge-sheet w

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