SEEMA BAKSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 16.09.2008 passed by the Chief Judicial Magistrate, Haridwar in Criminal Case No.6196 of 2008 titled as State vs. Smt. Seema Bakshi, under Sections 420, 467, 468 & 471 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) Taking recourse to Section 156(3) Cr.P.C., respondent no.2 (Ravi Dutt Dhiman) got lodged an FIR against 4 named accused persons, including the present accused-applicants on 05.11.2006 at Police Station Jwalapur, District Haridwar for the offences punishable under Sections 420, 467, 468 & 471 IPC. After the investigation, a charge-sheet was submitted against the accused-applicants for the selfsame offences. The cognizance was taken by the Chief Judicial Magistrate, Haridwar vide order dated 16.09.2008 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.

(3.) According to the FIR, respondent no.2 purchased a piece of land bearing khasra no.2430 measuring 4400 sq.ft. on 17.08.2001 by registered sale deed from Smt. Samiran for a consideration of Rs.1.89 lakhs. He continued to remain in possession after registration of the sale deed. The adjoining plot of khasra no.2430 was khasra no.2424. Smt. Seema Bakshi and Smt. Sunita Bakshi purchased a piece of adjoining land on 12.02.2004. An agreement to sell was executed in respect of the said land on 09.09.2003. The area of the land was shown to be 2200 sq.ft., but, deliberately the length and breadth of the land was not disclosed. Smt. Anita Sharma and Madhu Sharma also purchased a piece of land on 12.02.2004 from khasra no.2424. In the said sale deed, the area of the land was shown to be 2200 sq. ft., but the length and breadth of the plot was not disclosed.