RUPENDRA SINGH BOHARA Vs. JM DEHRADUN

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 entire proceedings of Criminal Case No.2165 of 2005 pending before J.M. First, Dehradun U/s 420/120-B IPC and summoning order dated 8.12.2005 passed thereon also be quashed.

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

(3.) In brief, the facts of the case are that the complainant-Pankaj Puri is in the profession of Real Estate. Petitioner Rupendra Singh Bohra met with the complainant and informed him that his brothers Captain Ravindra Singh Bohra and Devendra Singh Bohra are willing to sell the lands bearing Khasra Nos.132-L and 132-V. The accused shown their lands to the complainant and received Rs.10.50 lacs in advance and the date of execution of sale deed was informed as 31.1.2006. But on 2.11.2005, petitioner Rupendra Singh asked the complainant that the said land has already been sold to someone else and now the sale deed cannot be executed. Then the complainant came to know that the intention of the accused was not good since beginning and they wanted to cheat the complainant and due to which they induced the complainant to buy the said land and also received Rs.10.50 lacs in advance. The complainant was examined u/s 200 Cr.P.C. while the witnesses, Abhinay Kumar and Neeraj Puri were examined u/s 202 Cr.P.C. and certain documents were also produced in documentary evidence. After analyzing the entire facts and circumstances of the case and on perusal of the entire evidence adduced before it, learned J.M. First Dehradun vide order dated 8.12.2005 took cognizance and summoned the petitioners to face trial u/s 420/120-B IPC. Assailing the summoning order and the entire proceedings, this petition has been preferred.