KUNDAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been preferred for quashing the chargesheet dated 31.07.2017 and the cognizance order dated 03.07.2018 passed in Criminal Case No.567 of 2018, State Vs. Kundan Singh and Others, pending in the court of Additional Chief Judicial Magistrate, Vikasnagar, District Dehradun.

(2.) Heard learned counsel for the parties through video conferencing and perused the record.

(3.) Facts, in brief, are as hereunder; FIR in the instant case was lodged by respondent no.2 on 26.05.2016 under Sections 406, 420, 467, 468, 471, 120-B IPC, Police Station Vikasnagar, District Dehradun. According to the FIR, the informant was in the business of property dealing. They were in search of the land. They came in contact of the petitioner. Petitioner introduced the informant to a Gopal. The co-accused Gopal introduced some other persons to the informant and ultimately on 06.04.2016, an agreement to sale was executed by a lady introducing herself as Mukta Arora. The agreement to sale was executed in the name of informant and Bishan Datt Sharma and Rs.30 Lakhs were also paid as a consideration which was distributed amongst co-accused Gopal and the other persons to whom he introduced to the informant. Subsequently, it was revealed that the agreement was forged because the woman who executed the agreement to sell was not Mukta Arora. It is this FIR, in which, after investigation, chargesheet was submitted against the petitioner and other co-accused.