BHAGWANT DIN Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Saxena, J. Applicant Bhagwant Din has moved this application under Section 482, Cr. P. C. and has prayed for direction to the opposite parties not to arrest him in Case Crime No. 609/92 under Sections 420 and 406, I. P. C. P. S. Kotwali, district Kanpur Nagar and also for quashing the First Informa tion Report, dated 27-8- 1992 on the basis of which the said case was registered against him. The applicant has come to this Court with the following allegations.

(2.) ONE Mohammad was had moved an application under Section 156 (3), Cr. P. C. on 17-8-1992 in the Court of Additional Chief Metropolitan Magistrate, Kanpur Nagar, against the applicant. The learned Magistrate by order, dated 18-8-1992 called for the report of the Station Officer, Kotwali, who after making investigation in the case, submitted report, dated 25-8-1992, a copy of which is Annexure No. 2 of this application. The Station Officer recommended that during the pendency of the litigations between the parties, there was no need for any further action against the applicant. Mohd. Ilyas had already filed a civil suit in respect of the property which had given rise to various litigations between the parties and the same was pending decision in the Court of IV Additional District and Sessions Judge. Kaapur Nagar. It was for execution of a sale deed and he had instituted one more civil suit for cancellation of a sale deed executed by Ambika Prasad who was the brother of applicant Bhagwant Din and the same was pending decision in the Court of VI Additional District and Sessions Judge. Kanpur Nagar. He, thereafter, on 27-8-1992 lodged F. I. R. , a copy of which is Annexure No. J of the application at P. S. Kotwali, Kanpur against applicant Bhagwant Din and his brother Ambika Prasad under Sections 420 and 406, I. P. C. Mohd. Ilyas, in his afore said F. I. R. disclosed that he had entered into an agreement of sale of certain property mentioned therein with Ambika Prasad and Bhagwunt Din about which registered agreement of sale was executed on 26-8-1987 by the partio and had paid Rs. 35,000 on account of the sale money to them. Applicant Bhagwant Din, with intent to defraud him, did not sign the deed of agreement which was signed by Ambika Prasad alone although the aforesaid amount was paid by him to both of them. Both the brothers misappropriated the said amount of Rs. 35,000 and transferred the property, which was the subject matter of the agreement, to one Ajuber on 25-2-1992. They, thus, cheated him of the aforesaid amount which was misappropriated by them and, there fore, were liable for punishment under Sections 420 and 406, I. P. C.

(3.) ON behalf of the applicant, however, reliance was placed upon a single Judge decision of this Court reported in 1994 (31) ACC 346 ; 1994 JIC 755 (All), Rama Shanker Pandey and others v. V. P. Police, Station Officer, Kotwali, Ghazipur, whereby a contrary view was taken by my learned Brother M. Katju, J. in an application under Section 482, Cr. P. C. registered as Cr. Misc. Application No. 2310 of 1994 decided on April 6, 1994. In the said decision, it was held that on the basis of the following two decisions of the Hon'ble Supreme Court, this Court in the exercise of its inherent jurisdiction under Section 482, Cr. P. C. , was competent to quash the F. I R, and the investigation on the basis of the same. State of Haryana v. Bhajan Lal, 1992 Cr LJ 527 : 1990 (2) JIC 997 (SC) ; State of Andhra Pradesh v. P. V. Pavithran, AIR 1990 SC 1266 : 1990 (1) JIC 467 (SC ).