MEENU BHATIA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Mr. Ramji Srivastava, Advocate for the petitioner, Mr. Amit Bhatt, Addl. GA for the State and Smt. Monika Pant, Advocate holding brief of Mr. Arvind Vashistha, Advocate for the respondent no. 2.

(2.) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the summoning order dated 6.11.2006 as well as the entire proceedings of Criminal Case No. 3073/2006 Smt. Raj Kaushalya v. Rakesh Bhatia & Ors. under Section 420 IPC pending in the Court of Special Judicial Magistrate, 1st, Dehradun.

(3.) Facts, in brief, are that on 6.11.2006, the respondent no. 2 Smt. Raj kaushalya lodged a complaint against the petitioner and other co-accused with the allegations that on 18.7.2003, the petitioner who was teaching her grandson had received Rs. 50,000/- from the respondent no. 2 as earnest money for a house, which was being purchased by the respondent no. 2, but when no sale deed of that house was executed in favour of the respondent no. 2, then she visited the house of the petitioner on 11.1.2005 and demanded her money back from the petitioner and the other co-accused, but they did not return her the amount of Rs. 50,000/- and they also committed marpit with her and abused her. It was further alleged in the complaint that at the time of taking Rs. 50,000/- the petitioner had also executed a receipt on the stamp paper in the presence of her daughter Smt. Geeta Sharma and one Sardar Harcharan Singh. Respondent no. 2 approached the police but her report was not lodged. Thereafter she lodged the present complaint before the Magistrate. The complaint of respondent no. 2 was registered as Criminal Case No. 3073/2006. Learned trial court recorded the statement of the complainant under Section 200 CrPC on the same day and came to the conclusion that a prima facie case under Section 420 IPC is made out against the petitioner and accordingly summoned her vide order dated 6.11.2006.