NARENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicant has put to challenge the judgment and order dtd. 11/10/2022 passed by learned 1st Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No.69 of 2022, Narendra Singh vs. Subhash Sana and another as well as the judgment and order dtd. 7/1/2022, passed by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Misc. Case No.87 of 2021, Narendra Singh vs. Subhash Sana, whereby the application of the applicant under Sec. 156(3) Cr.P.C. was rejected and further direct the police of Police Station Dineshpur to register a first information report against the respondent no.2 in appropriate Sec. of IPC and investigate the same in accordance with law.

(2.) Brief facts of the case are that applicant and respondent no.2 were entered into an oral agreement to sale in respect of a land recorded in Khata No.0004, Khasra no.55 min area 0.0670 hectare belonged to the respondent no.2. Applicant had paid a token money to the tune of Rs.10,00,000.00 to the respondent no.2 through cheques. The respondent no.2 has withdrawn the amount of Rs.3,50,000.00 on 5/10/2021 and when on 11/10/2022 applicant asked to execute an agreement in respect of property, respondent no.2 has refused to execute agreement and asked about cancellation of the deal and assured that he will return Rs.3,50,000.00 to him, but he did not do the same and started extending threat to the respondent no.2. Thereafter, applicant tried to lodge the first information report, but the same has not been registered by the police. When the police did not register the first information report, applicant filed an application under Sec. 156(3) Cr.P.C. in the court of learned 4th Additional Civil Judge (J.D)/Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. The learned Magistrate dismissed the said application vide order dtd. 7/1/2022.

(3.) Feeling aggrieved against the order dtd. 7/1/2022, applicant preferred a Criminal Revision No.69 of 2022, Narendra Singh vs. Subhash Sana and another, before the learned 1st Additional District and Sessions Judge, Udham Singh Nagar and the said revision was also dismissed by the Sessions Judge vide judgment and order dtd. 11/10/2022. Thus, against the aforesaid judgment and orders, applicant is before this Court.