ROSHAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Amrendra Nath Tripathi, learned counsel for the applicant, Sri Prabhat Kumar assisted by Sri Vimal Shukla, learned counsel for the opposite party no.2, Sri Aniruddha Kumar Singh, learned A.G.A.-I for the State, and perused the record.

(2.) Instant application has been filed by the applicant, assailing the order dtd. 30/6/2016 passed by the Additional District and Sessions Judge, Court No.1, District Balrampur in Criminal Revision No. 36 of 2015. He has further challenged the entire proceeding of Complaint Case No.860 of 2014 pending before the Judicial Magistrate-I, District Balrampur.

(3.) Factual matrix of the case is that the Respondent no.2 had filed an application under Sec. 156 (3) of the Cr.P.C. before the Judicial Magistrate-I, District Balrampur. The Respondent no.2 levelled allegation therein that the applicant executed registered agreement to sale on 27th of September 2013 with respect to Gata No.465 having area 0.202 hectare and Gata No.628 having an area 0.142 hectare situated at Village Mathura, Police Stateion Lalia, District Balrampur. The Respondent no.2 has further made allegation that the sale consideration was fixed as Rs.2,40,000.00 out of which Rs.2,00,000.00 was allegedly given in cash at the time of execution of the said agreement and the remaining amount was allegedly agreed to be paid at the time of execution of the sale deed. The allegation is that after the aforesaid agreement, the said plot was soled out to Ms. Shaheena and Mr. Kamruddin. Further allegation is that when the complainant/revisionist went to the house of the applicant on 10th of April 2014, the applicant, who was sitting with the other accused persons, started abusing and beating her.