SURESH KUMAR GOYAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted. This appeal challenges the order dated 29.05.2018 passed by the High Court of Judicature at Allahabad dismissing application preferred by the appellants under Section 482 CrPC being Application No.22324 of 2011.

(2.) Respondent No.2 filed Complaint No.3804 of 2009 in the Court of 3 rd Additional Chief Judicial Magistrate, Ghaziabad on 02.12.2009 against Appellant Nos.1, 2 and 3 namely his father, brother and brother-in-law. The main allegations as set out in paragraphs 3, 4, 5, 7 and 10 of the Complaint were as under:-

(3.) It was thus alleged that the appellants had betrayed and cheated Respondent No.2 and were guilty of offences punishable under Sections 406, 420, 467, 471, 323, 504, 506, 447 and 448 IPC. However, by his order dated 18.06.2010 the 3rd Additional Chief Judicial Magistrate, Ghaziabad found that no ground to summon the appellants for trial was made out and the complaint being devoid of merits was liable to be dismissed under Section 203 CrPC. The aforesaid order was, however, set aside in Criminal Revision No.179 of 2010 preferred by Respondent No.2 by the Additional Sessions Judge, Court No.2, Ghaziabad, who by his order dated 11.11.2010 remanded the matter with a direction to pass fresh orders after granting an opportunity of hearing to Respondent No.2. The appellants being aggrieved, preferred application under Section 482 CrPC being Application No.9156 of 2011 in the High Court. Said application was disposed of by the High Court on 23.03.2011 observing that if the appellants moved an application under Section 245(2) CrPC the same be heard and disposed of expeditiously.