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2023 Supreme(UK) 350

RAVINDRA MAITHANI
Mohan Joshi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: H.C. Pathak.
For the Respondents: V.S. Rathore, Vipul Sharma, Joyce Irwin.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the Charge-sheet dated 03.10.2018 and Cognizance Order dated 09.10.2018, passed in Criminal Case No. 3044 of 2018, State vs. Anil David and Others, under Sections 420, 467, 468, 471 & 120B IPC, by the court of Additional Chief Judicial Magistrate, Nainital (the case) and the entire proceedings of the case.

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

3. The case is based on an FIR lodged by respondent no. 2 (the informant). According to it, co-accused, Anil David and Johnson T. John, by claiming themselves owner, forged a resolution of Lucknow Diocesan Trust Association (the trust) and sold the land pertaining to Widows’ Home, Nainital to the petitioners. The FIR records that the petitioners and co-accused were hand in glove in this act and they were always in the process of making the properties disputable, so that they could earn money illegally. Based on this FIR, after investigation, charge-sheet was submitted against the co- accused Anil David and Johnson T. John, and the petitioners, which is basis of the case. In that charge- sheet cognizance has been taken, which is impugned herein

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