MAHADEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 20.11.2014 passed by the Chief Judicial Magistrate, Jhansi in F.R. Misc. Case No. 311 relating to Case Crime no. 595 of 2013 under Sections 323/406/420/461/478/471/504/506 I.P.C., P.S. Nawabad, District Jhansi.

(2.) IT appears that in pursuance of an order on an application under Section 156 (3) Cr.P.C. an FIR was duly registered on 30.09.2013 as Case Crime no. 595 of 2013 under the Sections aforementioned. The Investigating Officer thereafter submitted a final report. The opposite party no. 2 filed a Protest Petition on 29.10.2014 whereupon the summoning order has been passed on 20.11.2014.

(3.) THE allegation against the applicant is that the opposite party paid Rs. 3,40,000/ - by various cheques for purchase of Plot no. 312 area 0.312 hectare of Khata no. 8 situated in Village Bamer, Block Babina, District Jhansi. When the opposite party no. 2 went to take possession of the plot in question he discovered that it was in possession of one Daal Chand in whose favour a sale deed had been executed by the applicant no. 1. It was thereafter that the application under Section 156 (3) was filed, when the police failed to register the case.