GANGA SARAN JAYANT Vs. JUDICIAL MAGISTRATE

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of order dated 05.04.2006, passed by respondent No. 1, in Criminal Case No. 10 of 2006; State Vs. Buddha Singh, relating to offence punishable under Section 420 of I.P.C., police station Bajpur, pending in the court of Addl. Civil Judge (Junior Division) / Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) Heard.

(3.) Brief facts of the case are that respondent No. 2 / complainant Sarjeet Singh (P.W. 1), moved an application under Section 156(3) of Cr.P.C. before Additional Civil Judge (Junior Division) / Judicial Magistrate, Kashipur, alleging that the accused Buddha Singh transferred his land in Khasra No. 245, situated in Village Etawwa, on 20th of May 2005, to him. Subsequently, since the mutation was yet to take place, on 26.07.2005, in connivance in other accused, Buddha Singh obtained a loan from Central Bank of India, Branch Ramnagar, District Nainital, mortgaging the land with the bank. Under orders of the Magistrate, the police registered a first information report against Buddha Singh (respondent No. 3), Jagir Singh, Mahendra Singh, and Branch Manager of Central Bank of India. However, after investigation, the police found that offence of cheating punishable under Section 420 of I.P.C., was made out only as against accused Buddha Singh, and accordingly filed the charge sheet, for his trial in respect of said offence. During trial P.W. 1 Sarjeet Singh got himself examined. The trial court, after considering his statement, summoned Jagir Singh, Mahendra Singh and the present petitioner Ganga Saran Jayant, who was Branch Manager of Central Bank of India, Ramnagar, as an accused in the aforesaid case, exercising powers under Section 319 of Cr.P.C. Hence, this petition.