AMARNATH AHUJA Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) BY way of this petition, the prayer has been made to set aside the cognizance order dated 2.1.2008, passed by the Special Judicial Magistrate, Dehradun in Criminal Case No. 1/2008, State v. Mohd. Mohsin Akhtar & Amarnath Ahuja. The said cognizance order was passed on the chargesheet dated 18.12.2007 submitted by the Investigation Officer in Crime No. 49/2007 pertaining to Police Station Clemntown, Dehradun. Prayer has also been made to quash the entire proceedings of the said criminal case.

(2.) HAVING heard learned Counsel for the parties, the facts, qua controversy, in brief, are that Khasra No. 149/1 relating to Khata No. 791, situated at village Bharuwala Grant, Pargana Kendriyadoon, District Dehradun, is big area of land measuring 1.6920 hectares, and there are so many persons, who own their different shares in the said land. Out of these persons, two are Smt. Khusnuda Begum and Mr. Mohsin Akhtar, who are prominently in the picture. On 6.12.1990, Smt. Khusnuda Begum sold her share of land to one Puneet, who in turn sold the same to Sumit Simon. The name of Sumit Simon was mutated in the revenue records as has been shown in the copy of Khatauni annexed as Annexure No. 2 with the counter affidavit. Mr. Sumit Simon is an N.R.I. and he resides in the United States. Hence, he executed a Power of Attorney in the name of Amit Mohan Diamond, complainant/private respondent no. 2 to deal in the land owned by him.

(3.) FIR was lodged by private respondent no. 2 Amit Mohan Diamond on 11.8.2007 invoking the power of the Magistrate under Section 156(2) CrPC. The matter was investigated and after completion of the investigation, chargesheet was submitted against Amarnath Ahuja and Mohsin Akhtar for the offences punishable under Section 420, 467, 468, 471, 120 -B IPC. The Investigation Officer also mentioned that Smt. Kusumlata was absconding and, therefore, investigation was continuing against her. Upon submission of the chargesheet, the learned Magistrate passed the impugned order of cognizance, whereagainst this petition has been filed by Amarnath Ahuja.