MUNTAZIR Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant Muntazir, by means of present petition moved under Section 482 Cr.P.C., seeks to quash the charge-sheet and cognizance order dated 20.03.2010 passed by Judicial Magistrate/1st Additional Civil Judge (J.D.), Roorkee, District Haridwar in case no. 435 of 2010, State vs. Wazid and others, under Sections 420 and 406 IPC read with Section 34 IPC, pending before the said Court.

(2.) Informant (respondent no. 2 herein) lodged a first information report against seven named accused persons on 16.01.2010 at PS Bhagwan Pur, which was registered as Case Crime No. 09 of 2010, under Section 420 IPC. After the investigation of the case, a charge-sheet was submitted against eight accused persons including the applicant for the offences under Sections 420 and 406 IPC read with Section 34 IPC. Cognizance was taken by learned Magistrate on the said charge-sheet. Accused persons including the applicant were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) It was alleged that in June, 2006, co-accused Wazid came to Bihari Garh and instigated the informant to purchase a piece of land. When the deal was finalized, complainant gave Rs. 10 lacs. Later on, the complainant came to know that the land was not notified. Due to this reason accused Mausin returned Rs. 3 lacs, but the balance of Rs. 7 lacs was not returned by Wazid and Muntazir.