VIKAS KIROLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure has been filed by the applicant seeking quashing of the charge-sheet dtd. 10/7/2023 as well as the cognizance and summoning order dtd. 23/8/2023 passed in Criminal Case No. 4461 of 2023, State vs. Vikas Kirola and others, pending before the Court of learned Chief Judicial Magistrate, Nainital. The applicant has also prayed for quashing of the entire criminal proceedings arising out of FIR No. 16 of 2023, registered at Police Station Tallital, District Nainital, under Ss. 120-B, 420 and 506 of the Indian Penal Code.

(2.) The State's case, in brief, is that the informant/respondent no.2 lodged a First Information Report on 20/3/2023 at Police Station Tallital, District Nainital, alleging that the present applicant along with three co- accused persons, namely Ganga Singh, Bhim Singh and Dhan Singh, entered into a criminal conspiracy in relation to a land transaction. It was alleged that the accused persons induced the informant to purchase a piece of land measuring 11 mutthis situated in Khata No. 20, Village Suryagaon, Patti Chopra, Tehsil Nainital, and in furtherance thereof a sale deed was executed on 23/2/2022.

(3.) According to the allegations made in the FIR, pursuant to the said transaction, a total amount of approximately Rs.20.00 lakhs was taken from the informant by the accused persons. However, subsequently, it was discovered that the actual land available on the spot measured only about 2 mutthis, instead of the promised 11 mutthis. On this basis, it was alleged that the accused persons had cheated the informant and caused wrongful loss to him.