UGRASAIN Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Rakesh Singh, learned counsel for O.P. No.2 and the learned A.G.A.

(2.) This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Complaint Case No.5342/2014 (Manjoor Ali vs. Ugrasen and others), under Section 420 IPC, P.S. Behat, Saharanpur, pending in the court of A.C.J.M-I, Saharanpur.

(3.) The O.P. No.2 lodged an application under Section 156 (3) Cr.P.C against the applicant and other accused persons, alleging that he purchased a room along with a verandah measuring 26.16 sq. mtrs, from one Rukmani Devi on 18.2.2009, subsequently, let out the same one Dr. Rashid, but the applicant with a view to usurp his property, executed two sale deeds on 30.5.2012 in favour of co-accused Gulshan Ahmed (non-applicant). The application was treated as a complaint which was initially dismissed under Section 203 Cr.P.C on 20.5.2014 on the ground that the dispute between the parties is civil in nature, no offence is made out. The complainant / O.P. No.2 assailed the order dated 20.5.2014 successfully before the revisional court on 3.6.2014, wherein the order dated 20.5.2014 was set aside. The Learned Magistrate under order dated 24.11.2014 summoned the application and co-accused Gulshan (non-applicant) under Section 420 IPC, which is impugned herein.