MOHD. MUSLIM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vineet Vikram, learned counsel for the applicant and learned AGA for the State-respondents.

(2.) The instant Application U/S 482 Cr.P.C. has been filed on behalf of the applicants for quashing the entire proceedings pending in the court of learned Special Judge (Gangster Act), Allahabad in Case No.97/08, under Ss. 147, 148, 323, 504, 506, 420, 406 IPC and Sec. 2/3 of Gangster Act.

(3.) The facts of the case in brief are as follows: FIR of this case has been lodged by opposite party no.2 (Mohd. Arif) against the applicant and other co-accused persons on 16/6/2007 at 08:10 p.m., in case crime no.113/07 under Ss. 147, 148, 323, 504, 506, 406, 420, 34 IPC and Sec. 7 of Criminal Law Amendment Act, Police Station-Kareli, District-Allahabad. The allegation against the applicant and other accused persons is that they have formed a society and were doing plotting work by the name of Alina City and were taking plots for the purpose of sale and they were involved in taking advance money. It is also alleged that first informant also made contact with the society in its office. He was informed that the land in the name of the society and its lay out has been passed and all the documents are perfect. He took plot having area of 200 sq. yard at Rs.1000.00 per sq. yard. It's total cost was Rs.2.00 lakhs. The first informant was assured that after deposit of the total amount of Rs.2.00 lakhs, its sale deed shall be executed in favour of the first informant. As the first informant was not having the total amount of Rs.2.00 lakhs, it was settled that the amount shall be paid in three installments. Thereafter, he deposited the total amount of Rs.75,000.00 within six months prior lodging the FIR. No receipt of payment was given and after some time, the first informant knew that the alleged land was belonging to the Scheduled Caste person and no permission of sale was obtained from the District Magistrate, but after intimidation, the land was acquired by the applicant and other co-accused persons. It's lay out was also not passed by the Competent Authority. Thereafter, first informant changed his idea in purchasing the land and demanded the money but the same was not returned and he was extended threat for dire consequences.