Petitioner sought quashing of charge-sheet and summoning order in cheating case. High Court dismissed petition finding no material for intervention but granted liberty to raise defences at charge-framing.
Petition dismissed; liberty to raise defences at framing of charges granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 1236 of 2021
Himanshu Rawat …........ Petitioner
Vs.
State of Uttarakhand and another …..... Respondents
Present : Mr. Raman Kumar Shah, Advocate for the petitioner. Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State/respondent no.1.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
In the instant petition, the petitioner seeks quashing of the charge-sheet dated 15.08.2020, cognizance/summoning order dated 22.10.2020, under Sections 420 and 120B IPC in Criminal Case No.1117 of 2020, State vs. Himanshu Rawat and others, by the Court of Judicial Magistrate 1st , Haridwar (for short, “the case”), as well as the entire proceedings of the case.
2
Code”), which was filed by the respondent no.2. According to the FIR, the online account of the informant on bajar.com was hacked by some unknown persons and loan was taken from Bajaj Finserv. By doing so, a mobile phone was purchased from the co-accused. The allegations are against the co-accused, as well. It is this FIR, in which, after investigation, charge-sheet has been submitted against the petitioner and another.
3
because there is no material as such before this Court to make any intervention. However, learned counsel for the petitioner has sought liberty to raise all the defences at the time of framing of charges.
Sanjay
2 issues framed by the court
Whether the High Court should quash the charge-sheet and summoning order in a cheque-bounce and cheating case where the petitioner is not named in the FIR but implicated via conspiracy allegations.
Whether liberty to raise defences at the time of framing of charges should be granted while dismissing the petition for quashing.
2 provisions across 1 enactments
Himanshu Rawat
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
