JAMSHED ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash and set aside the charge -sheet and summoning order dated 10.11.2009, as also the proceedings of criminal case no. 3428 of 2009, State vs Abbas and others, relating to police station, Kotwali, Manglaur, District Haridwar, for the offences punishable under Sections 420, 506 of IPC, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.

(2.) AN FIR was lodged by respondent no. 2 against six named accused (applicants herein) on 16.02.2009, at police station, Manglaur, which was registered as case crime no. 68 of 2009, under Sections 420, 506 of IPC. After the investigation of the case, a charge -sheet was submitted against the accused persons for the selfsame offences. Cognizance was taken on said charge -sheet and the accused persons were summoned to face the trial in respect of offences punishable under Sections 420, 506 of IPC. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) AS per FIR, an agreement to sell the land situated at village Rajpur Mustafabad alias Gadharona was executed with Jamshed at the rate of Rs. 7,90,000/ - per bigha. Such agreement to sell was executed between Manish Kapil and Jamshed. An earnest money of Rs. 24,00,000/ - was given to Jamshed. The complainant (informant) was given the impression that the land will be got sold to an outside party at the rate of Rs. 8,40,000/ - per bigha. According to the complainant, the land could not be sold at the rate of Rs. 8,40,000/ - per bigha. The complainant later came to know that Abbas, Pappu, Iqbal, Noorul Haq alias Amit Rana, Aftab, Kanwar and Jamshed constituted a gang of land mafias, who in conspiracy with each other, made the complainant to agree to sell the land at the rate of Rs. 7,90,000/ - per bigha instead of Rs. 8,40,000/ - per bigha and gave the impression that the land will be sold at the rate of Rs. 8,40,000/ - per bigha to another person. The complainant was duped of Rs. 24,00,000/ -. When the complainant demanded the money back from Jamshed and his sons, they refused to pay the money. A prayer was, therefore, made in the FIR to direct the accused persons to pay the money to the complainant.