ARUN KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) has been filed by the petitioner Arun Kumar Gupta (complainant) for quashing the order dated 17.10.2018 passed in Criminal Case No. 0101210/2014, arising out of Case Crime No. 515/2014, (State of UP Versus Alok Kumar Gupta), under Sections 465, 420, 468, 471, 504, 506, 406 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), Police Station Hazratganj, District Lucknow and seeking a direction for early disposal of the matter pending before the Chief Judicial Magistrate, Lucknow.

(2.) In short, the facts necessary for disposal of this petition are as follows: The petitioner purchased a Flat i.e. Flat No. 405 in the Lotus Petals Apartments, 6/1-B Mall Avenue, Lucknow from the opposite party no. 2 (Alok Kumar Gupta) in the year 2011 and the same has been registered in the name of the petitioner (complainant). The petitioner, however, did not take possession of the said Flat after execution of the sale deed as some finishing work was still left to be done. That as per the assurance of opposite party no. 2-Alok Kumar Gupta, was to be completed by him in a short span of time. In the month of August, 2014, the petitioner/ (complainant) found that the said Flat was in illegal possession of two persons namely Sri Achal Mehrotra and Sri Rajiv Bajpai. The petitioner approached the opposite party no. 2 (Alok Kumar Gupta) and requested him to hand over the possession of the aforesaid Flat but he refused to do so. On further inquiry, the petitioner came to know that Alok Kumar Gupta (opposite party no. 2), Sri Achal Mehrotra and Sri Rajiv Bajpai have connived to defraud the petitioner (complainant). In such circumstances, the petitioner (complainant) lodged an F.I.R. against the above mentioned persons, registered as Case Crime No. 515/2014, under Sections 465, 420, 468, 471, 504, 506, 406 IPC, Police Station Hazratganj, District Lucknow. After investigation, charge sheet was submitted by the Investigating Officer and learned Chief Judicial Magistrate, Lucknow took cognizance vide order dated 01.12.2014. Against that order, the opposite party no. 2- Alok Kumar Gupta filed a petition under Section 482 Cr.P.C. bearing Criminal Misc. Case No. 2066 of 2015 (Alok Gupta Vs. State of U.P and others) before this Court and this Court vide order dated 23.07.2018 was pleased to stay the coercive measures against the accused-applicant and quash the order dated 01.12.2014 passed by the learned Chief Judicial Magistrate and directed the learned Chief Judicial Magistrate, Lucknow to pass the order afresh. In compliance of the order of the High Court dated 23.07.2018, learned Chief Judicial Magistrate, Lucknow passed a fresh order dated 14.08.2018 taking cognizance and summoned the accused-applicant to face trial for the offence under Sections 465, 420, 468, 471, 504, 506, 406 IPC and fixed the date 10th September, 2018 for appearance of the accused. The accused did not appear on the said date but on the next date fixed i.e. 15.10.2018, he moved an application for recall of the order dated 14.08.2018 of taking cognizance. Learned C.J.M. Lucknow on the application so moved passed an order dated 17.10.2018 staying the order dated 14.08.2018 passed by him. Learned Chief Judicial Magistrate, Lucknow also ordered for recalling of the process issued against the accused till further orders. Being aggrieved with the said order, the present petition has been filed by the petitioner (complainant). In this petition, an inteirm order was passed by the coordinate bench of this Court vide order dated 25.04.2019 staying the operation and implementation of order dated 17.10.2018 and proceedings in Criminal Case No. 0101210/2014, arising out of Case Crime No. 515/2014, under Sections 465, 420, 468, 471, 504, 506, 406 IPC, Police Station Hazratganj, Lucknow. Again, the order so passed was modified by this Court on 30.05.2019 to the following effect:

(3.) Heard the counsel for both the sides.