IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 709 of 2005 Rashid Ali khan Presently posted as A.S.D.M., Dehradun District Dehradun. ...…………. Petitioner Versus 1. State of Uttaranchal 2. Mansoor Ajaaj 3. Masroor Ajaaj 4. Wamiq Ajaaj 5. Manjoor Ajaaj All S/o Sah Ajaaj Ahmad All R/o Village Pirankaliyar Pargana & Tehsil Roorkee, District Haridwar. ...…………. Respondents Mr. R.K.S. Verma, Advocate holding brief of Mr. K.S. Verma, Advocate for the petitioner. Mrs. Mamta Bisht, Asstt. Govt. Advocate for respondent State. Hon’ble Prafulla C. Pant, J. It is an admitted petition in which respondents have already been served sufficiently but no one appeared on behalf of the respondents No. 2 to 5. 2) Heard learned counsel for the petitioner. 2 3) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Misc. Case No. 03 of 2004; Mansoor Ajaaj and others Vs. Rashid Ali Khan, pending in the court of Civil Judge (Senior Division), Roorkee, District Haridwar, in respect of proceedings under Section 340 of Cr.P.C. 4) The petitioner is a public servant. Being Mela Incharge he was discharging his public functions. A suit was filed by respondents No. 2 to 5 in April 2004, which was registered as Suit No. 20 of 2004. Said suit was filed against the administrator / Mela Incharge, seeking prohibitory injunction against him. It is pleaded in the present petition before this Court that an application under Section 340 of Cr.P.C. was filed by respondents No. 2 to 5 to pressurize the petitioner (defendant) in the suit by alleging that an entry in the revenue record in respect of Khasra No. 79 and 90 / 2 was made fraudulently. It is pleaded that it is an abuse of process of law on the part of respondents No. 2 to 5 to move the application simply to pressurize the petitioner in the suit filed by them, without there being any finding of entry being fraudulent. 5) Notices were issued to the respondents No. 2 to 5, which were served on them personally, but nobody appeared on their behalf since 2005, nor any counter 3 affidavit is filed. In the circumstances, this Court has no option but to accept the averments made in the affidavit filed by the petitioner, a public servant, in support of the petition. That being so, this Court is not the view that the criminal proceedings sought to be initiated under Section 340 of Cr.P.C. by respondents No. 2 to 5, are abuse of process of law. 6) Therefore, the petition under Section 482 of Cr.P.C. is allowed. The proceedings of Misc. Case No. 03 of 2004; Mansoor Ajaaj and others Vs. Rashid Ali Khan, under Section 340 of Cr.P.C., pending in the court of Civil Judge (Senior Division), Roorkee, District Haridwar, are hereby quashed. (Prafulla C. Pant, J.) Dt. March 30, 2010. H. Negi 4