NADEEM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-accused Nadeem has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to quash the Charge-sheet No. 235 of 2018, cognizance and summoning order dtd. 2/5/2019 and the entire proceedings of Criminal Case No. 217 of 2019, pending before the Court of Judicial Magistrate/Civil Judge (Junior Division), Jaspur, District Udham Singh Nagar.

(2.) The case of the prosecution is that Mr. Manmohan Deep, the informant, had purchased a Bullet motorcycle from the applicant-accused in the month of June, 2017. While purchasing the said motorcycle, he had given Rs.60,000.00 to the applicant-accused. Later, he came to know that the said motorcycle was stolen property.

(3.) Subsequent to the submission of charge-sheet, learned Magistrate took cognizance and passed the impugned summoning order against the applicant-accused under Sec. 420 and Sec. 468 of the Indian Penal Code, 1860.