BHASKAR KABDAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed against the order dated 30.03.2013, passed in criminal case no. 658 of 2013, State vs. Manoj Kumar and 5 others (these five others are referred to as "the co-accused"), by the Court of Chief Judicial Magistrate, Nainital, District Nainital (this case shall hereinafter referred to as 'the case'). By the impugned Orders, the petitioner has been summoned to answer the accusation under Section 420,467,468,504,506 and 120-B IPC.

(2.) The facts, briefly stated are that the respondent no. 2 Kanti Kumar wanted to purchase some land. He met the co-accused, who assured him to get the land available. The co-accused, in fact, had shown certain land to the respondent no.2. The respondent no. 2 agreed to purchase the land and paid Rs. one lakh in advance on 19th November, 2011. On 23 December, 2011, one of the co-accused Harish Chandra, in his purported capacity of the power of attorney holder, executed a sale-deed in favour of respondent no.2, but it could not be finalized as the said Harish Chandra did not have an identity proof at that time. Subsequently, the respondent no.2 came to know that, in fact, the man who executed the sale-deed in the name of Harish Chandra was not Harish Chandra instead he was Girish Chandra Pandey. The respondent no.2 realized that he had been cheated. A report to this incident was lodged on 12 July, 2012 against co-accused Manoj Kumar, Rajendra Kumar, Mustak Ali Ishtiyak and Girish Chandra Pandey. A case under Sections 420, 467, 468, 504, 506 and 120-B IPC was lodged. After the investigation, in this case chargesheet was submitted against the petitioner as well as the above mentioned co-accused. On 30th March, 2013, cognizance was taken and proceedings of the case was instituted. It is these proceedings which are questioned.

(3.) Learned counsel for the petitioner would submit that no case has been made out against the petitioner; four of the co-accused persons, who allegedly cheated respondent no.2 Kanti Kumar have already been acquitted after full trial in criminal case No. 658 of 2013, State vs. Manoj Kumar and others; and one of the co-accused Girish Chandra Pandey, according to learned counsel for the petitioner, has also been acquitted. Copy of the judgment dated 14.08.2019 passed in Criminal Case No. 658 of 2013, passed by the Chief Judicial Magistrate, Nainital has been placed before the Court.