SRIKANT ASHOK GAIROLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the impugned order dated 24.5.2010 whereby process u/s 82 Cr.P.C. was issued by the J.M.-I Dehradun in Case Crime No.53/2009 U/s 420/406/504/506 IPC.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that petitioner and his brother Arun Gairola entered into an agreement with the complainant Rohit Kapoor on 13.8.2006 to sell the lands in question in the names of petitioner, his brother Arun Gairola (co-accused) and his sister Usha Rachnard Gairola having various Khasra numbers, measuring about 22 Bighas. It was told to the complainant that the lands are free from all encumbrances and they are having the rights to sell the lands. The agreement to sell was entered at the rate of Rs.9,36,781/- per Bigha out of which Rs.5.00 lacs in cash and Rs.15.00 lacs by three cheques were given by the complainant and an agreement to this extent was also entered. Thereafter the petitioner again demanded some money on various dates on which Rs.40.00 lacs in advance were given by the complainant to the petitioner and his brother. The petitioner Ashok Gairola also showed the power of attorney of his brother and his sister and a copy was also given to the complainant on which the complainant became satisfied. Thereafter the complainant several times asked the petitioner and co-accused to get the sale deed executed but they continued to refuse the same on the one pretext or another. When the complainant enquired further he came to know that the lands shown to be sold by the petitioner and co-accused was actually belonged to the Government and the petitioner and co-accused, by cheating the complainant, Rs.40.00 lacs fraudulently. When the complainant met with the petitioner, he threatened him to his life. After that the matter was investigated and the I.O. filed the charge sheet against the co-accused Arun Gairola u/s 420/406 IPC. Since the petitioner Ashok Gairola was absconding, hence the issue u/s 82 Cr.P.C. of proclamation was issued by the court below vide order dated 24.5.2010. Hence this petition.