ATA MOHAMMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Umesh Vats, learned counsel for applicant and learned AGA for State of U.P.

(2.) This application under Section 482 Cr.P.C. has been filed by Ata Mohammad assailing order dated 15.06.2005 passed by Chief Judicial Magistrate, Kushinagar permitting re-investigation in Case Crime No.C-19 of 2004 under Sections 419, 420, 406, 506 IPC after submission of final report No.7 of 2005.

(3.) Facts in brief giving rise to this application are that opposite party 2 Ratan Prasad (hereinafter referred to as "Complainant/ Informant') filed application under Section 156(3) of Code of Criminal Procedure 1973 (hereinafter referred to as'Cr.P.C.') in the Court of Chief Judicial Magistrate Kushinagar at Padarauna (hereinafter referred to as'CJM') alleging that applicant came to Complainant/Informant's house and stated that he has got special permission from Government of India and a recognized agent to send people abroad for employment and also shown an agreement. Complainant/Informant believed him and gave Rs.65,000/- on 16.10.2002 and Rs.30,000/- through bank draft on 07.11.2002, which was encashed by applicant. Applicant took Complainant/ Informant to Mumbai and alongwith others got a flight booked for Sudan. When Complainant/Informant reached Sudan, he found no such Company in existence in respect whereof agreement was made for employment. Thereafter Complainant/Informant and others stake Dharna at Indian Embassy at Sudan, who arranged return of Complainant/Informant to Delhi. After coming back, Complainant/ Informant demanded his money back but applicant, on one or the other pretext, hesitated in return of money and assured to give later on. On 15.08.2004 Complainant/ Informant went to the house of applicant and demanded money but he threatened him for life and declined him to return money and that is how he has committed offence under Sections 419, 420, 504, 506 IPC. Magistrate passed order on 28.10.2004 directing Police to register First Information Report (hereinafter referred to as'FIR'), which accordingly registered as Case Crime no.C-19 of 2004 under Sections 419, 420, 504, 506 IPC at Police Station - Tarya Sujan, District Kushinagar on 09.12.2004.