DALVEER SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Arvind Prabodh Dubey, learned counsel for the petitioner and learned AGA for the State.

(2.) This petition under Article 227 of the constitution has been filed with a request to set aside the order dtd. 24/9/2021 passed in Criminal Revision No. 143 of 2017 (Tarkeshwar Prasad and Others vs. State of U.P. and Others), Police StationCantt, District-Gorakhpur as well as order dtd. 3/3/2017 passed by the Chief Judicial Magistrate in Complaint Case No. 2861 of 2016 (Prakash vs. Tarkeshwar and Others) under Ss. 419, 420, 406 IPC.

(3.) The facts relevant leading to this petition are as below. A FIR Case Crime No. 1414 of 2010 was lodged against the petitioner and five other persons with the allegations that the informant-Prakash (respondent no. 2 in the present petition), and the petitioner Dalveer Singh were friendly with each other. Dalveer Singh and his associates made the respondents to believe that he will get them employed in B.S.F. On this pretext, he extorted different amounts from the respondent no. 2, his brother and several other victims (named in the FIR) and the money was deposited in Bank account of Dalveer Singh. They received a joining letter, which turned out to be forged and fabricated. When protested, he assured to return the money and asked them not to take any legal action lest he may not be in a position to return the same, however, after eliciting lot of time on different excuses, Dalveer Singh and his associates ultimately refused to return the amount. In this way, several persons including the informant were cheated of their hard earned lakhs of rupees. On the basis of this FIR, the investigation was conducted, however, the investigating officer was of the opinion that the real dispute was something else and submitted a final report. Against the final report, a protest petition was filed by the respondent no. 2-Prakash. The petition was ordered to be registered as a complaint case. The statement under Ss. 200 and 202 Cr.P.C., were recorded and the learned trial court passed a summoning order dtd. 3/3/2017 under Sec. 419, 420, 467, 468, 471, 406, 323, 504 and 506 IPC. This summoning order was challenged by Dalveer Singhthe petitioner and one Tarkeshwar Prasad by filing a Criminal Revision No. 143 of 2017, however, the same was dismissed by order dtd. 24/9/2021 and the order of the trial court was affirmed. Against the order passed by the revisional court, the petitioner has come before this Court under Article 227.