ARUN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C is filed for quashing the proceedings of Case No. 25213/2010 (State Vs. Harvir and others), arising out of Case Crime No. 972/2010, under Sections 420/467/468/120-B/506 IPC, P.S. Shahibabad, Ghaziabad, pending in the court of C.J.M., Ghaziabad.

(2.) An application under Sec. 156(3) Cr.P.C came to be filed by O.P. No. 2 against the applicants and non-applicant- Harvir, a co-accused, that the latter executed a sale deed in favour of applicant No. 1 in excess of his share, in respect of which an application, an affidavit, copy of complaint to S.S.P, sale deed, copies khasra and khatauni, etc. were filed. The learned Magistrate called for the police report from the P.S. concerned and after examining the materials, under its order dated 3.5.2010, directed the P.S concerned to register an FIR and investigate the same. Pursuant thereto, an FIR as Case Crime No. 972/2010, under Sec. 420/467/506/120- B Penal Code came to be registered, in which after investigation, charge-sheet came to be submitted against the applicants and non-applicant Harvir in the above offences on 5.7.2010, cognizance taken and applicants summoned.

(3.) Heard Sri Dhirendra Mohan Chaudhary, learned counsel for the applicants and the learned A.G.A.