AVANI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for petitioner, Sri Rajeev Shukla and learned AGA for the State respondent.

(2.) THIS writ petition has been filed against the judgment and order dated 1.7.2014 passed by Additional Sessions Judge, Court No. 6, Bijnor in Crl. Rev. No. 37/2014 (Avani Kumar Vs. State of U.P. and another), dismissing the revision against the summoning order dated 26.10.2013 whereby the petitioner has been been summoned to face the trial for the offence under Section 420 IPC.

(3.) IT appears that respondent no. 2 moved an application under Section 156 (3) Cr.P.C. alleging that petitioner, a colonizer, sold him two reserved plot after taking considerable amount of money in the year 2008. When the complainant/respondent approached the concerned office for sanctioning of the map, the competent authority informed him that the map will not be sanctioned as the petitioner had sold him land reserved for park. The application thereafter was converted into a complaint. The statement of complainant was recorded under Section 200 Cr.P.C. and statements of witnesses, namely, Basanta -P.W.1 and Gangaram -P.W.2 were also recorded under Section 202 Cr.P.C and after taking evidence of complainant and his witnesses learned Magistrate summoned the petitioner to face the trial for the offence under section 420 IPC vide order dated 26.10.2013. Aggrieved by this order, petitioner preferred Criminal Revision, which was rejected by the Court vide order dated 1.7.2014 and the order of the learned Magistrate was affirmed. It is this order which is subject matter of challenge before this Court.