MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Prashant Sharma, learned counsel for the applicant, Mr. Akhilesh Kumar Mishra, learned AGA for the State and perused the record.

(2.) This application under Sec. 528 BNSS has been filed to quash chargesheet dtd. 8/9/2021, cognizance/summoning order dtd. 5/10/2021 as well as entire proceedings of Case No. 1006 of 2021 (State Vs. Manoj), arising out of Case Crime No. 148 of 2019, under Ss. 120B, 406, 420, 467, 468, 471 IPC, Police Station Dhaulana, District Hapur, pending in the court of learned Additional Civil Judge (Jr. Div.), IInd, Hapur.

(3.) Brief facts of the case are that opposite party no. 2, Pradeep, lodged an FIR against the applicant, which was registered under Case Crime No. 148 of 2019, Ss. 120B, 406, 420, 467, 468, 471 IPC, at Police Station Dhaulana, District Hapur, pursuant to an order passed by the concerned court on an Application under Sec. 156(3) Cr.P.C. As per the allegations made in the FIR, in the year about 2015-2016, the applicant called him at his village Mahmoodpur and requested him to stand as a guarantor and Harendra Pradhan, Nakul and Sanju told the informant that, you are acquainted with applicant, Manoj, so believing that they had given a total amount of Rs.21,50,000.00 to Manoj for securing employment in various department such as Army, FCI, Railways etc. It is stated that since the first informant was also unemployed, he allegedly gave Manoj a sum of Rs.11,10,000.00 to secure employment for himself. Thus, a total sum of Rs.32,60,000.00 were taken by Manoj for arranging jobs for him and others. It is further alleged that Manoj failed to secure employment for them. When the first informant, along with other three persons went to the Manoj 's village, they came to know that he was lodged in jail for committing offences of cheating and criminal misappropriation of money to secure job for others. His relatives assured that Manoj would return their money after his release from jail, but no money has been returned and upon demand, Manoj has threatened the first informant to kill him.