NEERA Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of the Complaint Case No. 666 of 2010 (Kela vs. Mithlesh & others) under Sections 420 and 406 IPC, Police Station Baraut, District - Baghpat pending in the Court of Additional Chief Judicial Magistrate, Baghpat. Further prayer has been made to stay the impugned order dated 14.9.2015 passed in the said complaint case.

(2.) Heard Shri Ram Raj Pandey, learned counsel for the applicant and the learned AGA appearing for the State and perused the entire record.

(3.) It is submitted by the learned counsel for the applicant that no offence under Sections 420 and 406 IPC are attracted against the applicant. She is the bonafide purchaser of the disputed land. In fact applicant has been cheated by one Smt. Mithlesh, who had executed the sale-deed in favour of the applicant after receiving consideration amount. The applicant has not been delivered possession over the disputed land. The concerned Magistrate rejected the discharge application on insufficient ground. This court in the application under Section 482 CrPC No. 16779 of 2010 specifically directed to the court concerned to decide the discharge application on merits but the concerned Magistrate by the order dated 14.9.2015 without applying judicial mind illegally rejected the application observing that offence of cheating is made out against the applicant. It is clear from the facts of the present case itself that the applicant could not be prosecuted for the offences levelled against her. It is further submitted that the impugned order also suffers from illegality and infirmity.