ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Brief facts of the case are that the applicant moved an application under Section 156(3) before the Additional Chief Judicial Magistrate, Roorkee, District Haridwar alleging that he was working at a brick kiln where he came into contact with Shabir @ Chhotu (respondent no. 4 herein). Shabir told the applicant that his wife Munni (respondent no. 2 herein) entered into an agreement with one Mahipal to purchase a piece of agricultural land and she also paid the advance money to him and showed the receipt thereof to the applicant. The receipt was in the name of respondents 2 and 3. Shabir further told that since Mahipal belongs to Scheduled Castes community, therefore, respondent no. 2 cannot purchase the said land as she does not belong to that community. Shabir made an offer to the applicant to purchase the said land as the applicant also belonged to the Scheduled Castes community. Applicant agreed to purchase the said land for a total sale consideration of Rs. 4,40,000/- and also paid advance money of Rs. 1,00,000/-. However, subsequently the respondents failed to get the sale deed executed in favour of the applicant. When the applicant demanded the advance money, the respondents allegedly abused and assaulted the applicant. Lateron the applicant came to know that neither Mahipal is the owner of the said land nor the respondents 2 and 3 entered into any agreement with Mahipal to purchase that land and respondents deliberately cheated him. Applicant complained to the police but no action could be taken. Then he moved this application under Section 156(3) CrPC, which was dismissed by the Court below. Being aggrieved, the applicant has preferred this Criminal Miscellaneous Application under Section 482 CrPC before this Court.

(2.) The Court below rejected the application under Section 156(3) CrPC, moved by the applicant, holding that no cognizable offence is made out and the dispute is purely civil in nature. The Court below also observed that it is evident from the report of the police that it is the case of exchange of money between the parties and the applicant is trying to exert pressure on the respondents by filing the criminal case.

(3.) Having heard learned Counsel for the applicant and the learned State Counsel and on perusal of the papers on record, I find no substance in this C482 application. It is the admitted case of the applicant that he entered into an agreement to purchase a piece of land with respondents 2 and 3, who were not the owner of that land. Dispute, if any, is purely civil in nature. Applicant wants to launch criminal case against the respondents 2 to 5 just to create pressure on them and this is further evident from the fact that prior to filing the application under Section 156(3) CrPC before the Additional Chief Judicial Magistrate, Roorkee, District Haridwar, the applicant had also filed an application against the respondents 2 to 5 under Section 156(3) CrPC before the Court of Sessions Judge/Special Judge, S.C. and S.T. Act and the said application was also rejected by the Special Judge holding that necessary ingredients for making a case punishable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were missing and the application lacked merit.