GIRISH CHANDRA AGRAWAL Vs. STATE

JUDGEMENT

(1.) This application has been preferred by the applicant Girish Chandra Agarwal with a prayer to quash the charge-sheet dated 19.1.2011 in ease crime No. 627 of 2007 under sections 420, 467, 468, 471, 406 and 120-B I.P.C. P.S. Etmadpur district Agra pending in the Court of learned A.C.J.M. IXth Agra in criminal case No. 98 of 2011.

(2.) The fact in brief of this case are that the F.I.R. of this case has been lodged by O.P. No. 2 Sri Shanti Swaroop Goel on 4.11.2007 at P.S. Etmadpur in case crime No. 627 of 2007 under sections 419, 420 I.P.C. it is alleged therein that the accused Raghubir Singh had entered into an agreement with O.P. No. 2 on 11.4.2007 to sell his land of Khata No. 222, Khasra No. 298, Rajasva Gram Nadau, having the area of 2.449 hectare, it was registered in the office of the Sub-Registrar Etmadpur on 11.4.2007, the consideration of the sale was Rs. 53,14,000/- the amount of Rs. 3,00,000/- was paid on 11.4.2007, at the time of execution of the agreement of sale of the land, it was settled that the remaining amount of consideration i.e. Rs. 23,14,000/- shall be paid at the time of execution of the sale-deed. The O.P. No. 2 had paid the amount of Rs. 2,12,600/- as stamp fee, O.P. No. 2 was given the assurance that the sale-deed would be executed on the date settled, the signature of O.P. No. 2 was obtained on a blank stamp paper of Rs. 10/- for the purpose of using the same for measurement of the land and O.P No. 2 was permitted to construct the boundary wall, thereafter, O.P. No. 2 constructed the boundary wall of the said land, the date for execution of the sale-deed was fixed on 10.10.2007, O.P. No. 2 went in the office of the Sub-Registrar on 10.10.2007 along with the bank draft of the remaining amount of the consideration along with its expenses, but the sale-deed was not executed in favour of O.P. No. 2 with the intention to commit a fraud and to usurp the money of O.P. No. 2 and by playing fraud with dishonest intention the half of the portion of the above mentioned land was sold to Kusum Kunj Sahkari Awas Samiti Limited and its sale-deed was executed knowing it well that the agreement to sale was already executed of the same land in favour of O.P. No. 2, in the commission of the alleged offence the applicant and, other co- accused persons played an important role in hatching the conspiracy, during investigation the statement of Shanti Swaroop Goel, Vijendra Pal, Umesh Kapur, Eash Goel, Devendra Sethi, Ramesh Babu, Vijai Sikwar have been recorded under section 161 Cr.P.C., the statement of other formal witnesses Constable Kunwar Singh Bhadauria, S.I. Sukhbir Singh Chauhan, S.S.I. Sudhir Kumar Singh, S.O. Raj Kumar Rai and S.H.O. Vijai Singh was also recorded under section 161 Cr.P.C. on the basis of the statement of the above mentioned witnesses recorded under section 161 Cr.P.C. charge-sheet dated 19.1.2011 has been submitted by the I.O. against the applicant, co-accused Raghubir Singh, Ramvir Singh, Ram Chandra and Vinod Kumar under sections 420, 467, 468, 471, 406 and 120-B I.P.C. on which the learned A.C.J.M. IXth Agra had taken cognizance on 25.1.2011, being aggrieved from the impugned charge-sheet dated 19.1.2011, the present application under section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge-sheet.

(3.) Heard Sri Prashant Misra, learned Counsel for the applicant, learned A.G,A. for the State of U.P. and Sri Vipin Kumar Saxena learned Counsel for O.P. No. 2.