YOGRAJ SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this criminal misc. application under Sec. 482 Cr.P.C., applicant has sought quashing of charge sheet No.98/12, dtd. 9/12/2012 as well as entire proceedings of Criminal Case No. 224 of 2013, under Sec. 420, 467, 468, 471 and 120-B of I.P.C., pending in the Court of IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Dehradun.

(2.) Facts of the case, in a nutshell, are that an F.I.R. was lodged by respondent no.2 against three persons, alleging therein that they have sold the land of the complainant by executing a forged sale deed by impersonating him and, in lieu thereof, grabbed a sum of ?20,00,000/- from the purchasers towards sale consideration. In the F.I.R., it is alleged that complainant has not sold the said land to anyone and he is the actual owner of the property in question and that alleged purchasers of the said land have also taken a loan from the bank for purchasing the land of the complainant. During investigation, name of the applicant came into light and, upon investigation, Investigating Officer filed charge-sheet No. 98/12, dtd. 9/12/2012 against the applicant, under Ss. 420, 467, 468, 471 and 120-B of I.P.C. Learned Judicial Magistrate took cognizance in the matter and summoned the accused persons to face trial. Thus, feeling aggrieved, applicant has approached this Court.

(3.) Learned counsel for the applicant submits that the applicant is not named in the F.I.R.; that complainant's land was sold to the persons in joint names of Mr. Ranvir Singh and Smt. Komal in the presence of two other witnesses and the applicant was not present at the time of execution of the sale deed; that there are no signatures of the applicant on the alleged forged sale deed dtd. 17/6/2010, thus, the applicant has never been the beneficiary of the alleged sale deed, except for fact that one of the accused named in the F.I.R. was the servant of the applicant, who had expired during investigation; that purchasers of the alleged land had obtained the loan of ?15,00,000/- from District Cooperative Bank, Dehradun on the guarantee of Mr. Sanjay S/o Sri Mukandi Lal and Smt. Sunita W/o Sanjay and the applicant was, in no way, associated with the purchasers of the said land or with the District Cooperative Bank and the applicant had never signed any document in support of sanctioning the loan to accused/purchasers of the land; that, Inquiry Officer, in the Inquiry Report dtd. 6/9/2012, has stated that the accused in the instant case are Mr. Ranvir and Smt. Komal, whose actual names are Sunil Kumar and Smt. Kiran and other main accused is Mr. Prakash Singh, who was the servant of the applicant; that P.W.-1, P.W.-2 and P.W.-3, in their testimony before the trial Court, did not support the prosecution story and has not assigned any specific role to the applicant in the instant crime.