ARUN BHANDARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) Calling in question the legal pregnability of the order dated 29.1.2011 passed by the High Court of Judicature at Allahabad in Criminal Misc. Writ Petition No. 69 of 2011 whereby the learned single Judge in exercise of jurisdiction under Articles 226 and 227 of the Constitution has quashed the order dated 5.6.2010 passed by the learned Chief Judicial Magistrate, Gautam Budh Nagar, taking cognizance under Sections 406 and 420 of the Indian Penal Code (for short "the IPC") against the respondent No. 2 in exercise of power under Section 190(1)(b) of the Code of Criminal Procedure (for short "the CrPC") and the order dated 4.12.2010 passed by the learned Sessions Judge, Gautam Budh Nagar affirming the said order, on the foundation that the allegations made neither in the FIR nor in the protest petition constitute offences under the aforesaid sections, the present appeal by special leave has been preferred.

(3.) The factual score as depicted are that the appellant is a Non-Resident Indian (NRI) living in Germany and while looking for a property in Greater Noida, he came in contact with respondent No. 2 and her husband, Raghuvinder Singh, who claimed to be the owner of the property in question and offered to sell the same. On 24.3.2008, as alleged, both the husband and wife agreed to sell the residential plot bearing No. 131, Block (Cassia-Fastula Estate), Sector CHI-4, Greater Noida, U.P. for a consideration of Rs.2,43,97,880/- and an agreement to that effect was executed by the respondent No. 3, both the husband and wife jointly received a sum of Rs.1,05,00,000/- from the appellant towards part payment of the sale consideration. It was further agreed that the respondent Nos. 2 and 3 would obtain permission from Greater Noida Authority to transfer the property in his favour and execute the deed of transfer within 45 days from the grant of such permission.