KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicants Kamlesh, Subhash and Ramveer Singh with a prayer to quash the proceedings of Criminal Case No. 5249 of 2008, under Sections 406 and 420, I.P.C. pending in the court of learned A.C.J.M.-I, Saharanpur.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by O. P. No. 2, Rajveer Singh Rathi on 29.4.2008 at 11.30 a.m. in respect of the incident which had occurred in the month of February, 2006. THE F.I.R. was lodged in Case Crime No. 174 of 2008, under Section 406, I.P.C. at P. S. Kotwali Dehat, district Saharanpur alleging therein that there had been an agreement between the applicants No. 2 and 3 and O. P. No. 2 for purchasing of 160 bighas of land in lieu of Rs. 48,50,000. THE amount of Rs. 22 lacs was paid to them, its receipt was also given to the O.P. No. 2. THE rest of the money was settled to be paid at the time of execution of the sale deed. But the same land was sold to some other persons. THE matter was investigated by the Investigating Officer who submitted the charge-sheet dated 11.6.2008 on which the learned Magistrate concerned has taken the cognizance and summoned the applicants under Sections 406 and 420, I.P.C.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. that on the basis of the allegation made in the F.I.R. and the material collected by the INvestigating Officer prima facie offence under Sections 406 and 420, I.P.C. is made out. There is no illegality in the submission of the charge-sheet and the learned Magistrate concerned has not committed any error in taking the cognizance against the applicants, therefore, the prayer for quashing the proceeding of the above mentioned case is refused.