M L SETHI Vs. R P KAPUR

JUDGEMENT

(1.) This appeal filed under certificate granted by the High Court at Allahabad is directed against an order passed by that Court dismissing a revision application by which the appellant, M. L. Sethi, desired the vacation of an order passed by the Sessions Judge of Saharanpur upholding two orders of the Additional District Magistrate (Judicial), Saharanpur, dated 6th August, 1963 and 5th October, 1963. By these orders the Magistrate dismissed two applications presented by the appellant for dismissing a complaint pending before him for commission of offences under Sections 211, 204 and 385 of the Indian Penal Code.

(2.) A further prayer was made for an order by this Court quashing the proceedings pending in the Court of that Magistrate.

(3.) The facts necessary for deciding this appeal may be stated briefly. On December, 10, 1958, the appellant lodged a report with the Inspector-General of Police. Chandigarh, against R. P. Kapur (hereinafter referred to as "the respondent") and his mother-in-law charging them with commission. of offences punishable under Sections 420. 109. 114 and 120-B. I. P. C. It does not appeal to be necessary to give the details of the allegations made in that report. The charge in that First information Report was based on the allegation that the respondent and his mother-in-law, by conspiring together, cheated the appellant and his wife of a sum of Rs. 20,000/- by persuading the appellant to take a sale-deed of some land on certain false representations and on suppression of facts indicating that on the date when the sale-deed by the respondent's mother-in-law was executed in favour of the wife of the appellant, the title of the former had already extinguished, as the land been acquired by the Goverment under the Land Acquisition Act. The offence was registered as a cognizable offence and investigation was started.