IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 60/2005 1. Shyam Singh S/o Late Shri Kewal Singh, R/o Moh. Chauhanan, Jaspur, P.S. Jaspur, District Udham Singh Nagar. 2. Dr. S.K. Saraswat S/o Shri G.D. Saraswat, Sitapur Netra Chikitsalaya, Branch Kashipur, Kashipur, District Udham Singh Nagar 3. Dr. M.K. Mehra, Sachiv, Sitapur Netra Chikitsalaya, Sitapur, District Sitapur, Uttar Pradesh. …….Petitioners Versus 1. State of Uttaranchal (Now State of Uttarakhand) 2. Civil Judge (J.D.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar. 3. Mehandi Hasan S/o Nanhe, Power of Attorney Holder of Abdul Hamid, R/o Moh. Bhup Singh, Jaspur, P.S. Jaspur, District Udham Singh Nagar. …….Respondents January 6, 2011 Hon’ble Prafulla C. Pant, J. Shri Atul Bansal, Advocate, present for the petitioners. Shri S.S. Adhikari, AGA, present for the State. Mr. G.C. Lakhchaura, Advocate, present for the private respondent. 2 By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 21 of 2003, Mehandi Hasan v. Shyam Singh & Others, pending in the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Kashipur, relating to offences punishable under Section 467, 468 and 471 IPC. Heard learned Counsel for the parties and perused the affidavit and counter affidavit on record. Learned Counsel for the petitioners submitted that it is a grave abuse of process of law on the part of the complainant (respondent no. 3) to initiate the impugned criminal proceedings in respect of a civil dispute relating to perperty. It is further pointed out that Sitapur Eye Hospital, Branch Jaspur is running over the land in dispute. The complainant has complained in the criminal complaint filed before the trial court that the petitioners have forcibly occupied the land for running the said Eye Hospital. It is further pointed out that a suit no. 148 of 1991 was instituted by Abdul Hamid, which was dismissed vide judgment and order dated 10.12.2002 passed by the Additional Civil Judge (Sr. Div.)/F.T.C., Kashipur. A copy of the said judgment and decree has been annexed as Annexure No. 3 to the petition. Learned Counsel for the petitioners also argued that the respondent no. 3 Mehandi Hasan has filed the impugned criminal complaint as a Power of Attorney Holder of Abdul Hamid. As such, he is bound by the decree passed against Abdul Hamid. Having gone through the papers on record, this Court is of considered opinion that the impugned criminal proceedings, initiated by respondent no. 3 (complainant Mehandi Hasan), are nothing but abuse of process of law. As such, the same are liable to be quashed. For the reasons as discussed above, the petition under Section 482 CrPC is allowed. The proceedings of 3 Criminal Complaint Case No. 21 of 2003, Mehandi Hasan v. Shyam Singh & Others, pending in the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Kashipur, relating to offences punishable under Section 467, 468 and 471 IPC, are hereby quashed. Registry is directed to inform the court concerned. (Prafulla C. Pant, J.) 6.1.2011 PRABODH