VIJENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('the BNSS') has been preferred by the petitioner for quashing the charge-sheet dtd. 20/5/2024 and summoning order dtd. 4/6/2024, passed in Criminal Case No.535 of 2024, State vs. Vijendra Kumar Kapil and others, by the court of Judicial Magistrate Second, Haridwar, District Haridwar ('the case') as well as entire proceeding of the case.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case is based on an FIR, lodged by the respondent no.2 ('the informant'). According to the FIR, the petitioner introduced a person to the informant as Dr. Vishal Upadhyay and got a sale-deed executed. Subsequently, it was revealed that, in fact, the sale-deed was not executed by Dr. Vishal Upadhyay, instead someone impersonated and got the sale-deed executed in favour of the informant. The FIR records that the petitioner had the active role in the execution of the sale-deed. It is he, who persuaded the informant to purchase the property. These allegations, after investigation were found true.