PRAMENDRA Vs. INTAZAR ALI

JUDGEMENT

(1.) The applicant, by way of present petition under Section 482 Cr.P.C., seeks to quash the proceedings of criminal case no. 969 of 2007, captioned as Intezar Ali vs. Pramendra and others, under Sections 323, 504, 506 and 452 IPC, which allegedly occurred within the jurisdiction of PS Kotwali, Jwalapur, District Hardiwar.

(2.) A criminal complaint case was filed by the respondent Intezar Ali against the applicant Pramendra and another (Ghanshyam) in respect of offences punishable under Sections 323, 504, 506 and 452 IPC. The statement of complainant was recorded under Section 200 Cr.P.C. The statements of the witnesses Yaseen and Taseen were recorded under Section 202 Cr.P.C. Having found a prima facie case against the accused persons, they (Applicant Pramendra and Ghanshyam) were summoned to face the trial in respect of offences said above. Aggrieved against the said order, present application under Section 482 Cr.P.C. was filed.

(3.) According to the complainant, the complainant along with the accused persons, entered into an agreement with Umardaraz s/o Maksood Ahmad on 07.02.2007 in favour of Intezar Ali for Rs. 23, 50,000/-. The earnest money of Rs. 5,87, 500/- was given to Umardaraz. The complainant and the accused persons were equal partners in the said land. Later on, it transpired that Umardaraz was not the owner in possession of the land in question. His name was not recorded in the revenue records.