YUNUS Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) In this case, an application under Section 156(3) of Cr.P.C. was moved by respondent No. 2 Jahid Hassan before the court concerned and on the basis of the said application the First Information Report was lodged at Police Station Kotwali Nagar, District Haridwar under Sections 420/406/506 of I.P.C. against the present applicant. The police after investigating the matter submitted its charge sheet under the aforesaid Sections against the present applicant before the court concerned. Subsequently, the case was registered being Criminal Case No1637 of 2015, which is pending in the court of Judicial Magistrate, Roorkee, District Haridwar. Consequently, the learned Magistrate has taken cognizance against the present applicant and issued summon. Hence the present application under Section 482 Cr.P.C. has been filed invoking the inherent jurisdiction of this Court.

(2.) Heard Mr. Rajendra Singh Azad, learned counsel for the applicant, Mr. P.S. Saun, learned Deputy Advocate General with Ms. Mamta Joshi, learned Brief Holder for the State of Uttarakhand, and perused the records.

(3.) Learned counsel for the applicant submits that the matter relates to a land dispute and the applicant is still ready to sell the land to the complainant, but he is not willing to purchase it. He further submits that the dispute, if any, in the present case is of civil nature. Therefore, the criminal proceedings initiated against the applicant is nothing but only to harass the applicant. Learned counsel for the applicant further submits that while granting protection to the applicant in criminal writ petition, this Court also observed that the matter appears to be a civil nature.