CHANDRABHAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicant being accused has approached this Court through this application under Sec. 482 Code of Criminal Procedure seeking quashing of the charge sheet dtd. 13/1/2022, filed under Sec. 173(2) Cr.P.C. as well as the cognizance/ summoning order dtd. 20/4/2023 (both Annexure No.6) passed by Chief Judicial Magistrate, Sant Kabir Nagar and the proceedings arising in Case Crime No.0718 of 2021, under Ss. 419, 420 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar.

(2.) The above F.I.R. (Annexre No.1) was registered on the basis of complaint given by Smt. Rekha Sharma, wherein it is alleged that she is the resident of Khalilabad, District Sant Kabir Nagar and accused persons, namely, Ramnarain @ Ramnarainpur son of Indal, Chandrabhan Singh, son of Gopal Singh, who are engaged in the business of property dealing, in connivance with each other had sold 0.134 hect. land comprised in gata nos.701, 702, 723, 736 through sale deed dtd. 3/6/2017 executed in favour of Jaiprakash Mishra, wherein accused Chandrabhan Singh is the witness to the sale deed. As per allegations, Chandrabhan Singh in a fictitious way got the sale deed of the land executed in favour of the complainant. On these broad allegations, the F.I.R. was registered for alleged commission of offence of cheating punishable under Sec. 420 I.P.C.

(3.) After registration of the case, the investigation in subject F.I.R. was carried out and upon completion of the same the impugned charge sheet dtd. 13/1/2022 was submitted before the court of competent jurisdiction under Sec. 173(2) Cr.P.C., whereupon vide order dtd. 20/4/2023 cognizance order was passed. Hence this petition.