MEERA MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The application in hand is moved under section 482 of Criminal procedure code, 1973 by learned counsel Sri Satyendra Kumar Maurya on behalf of the accused applicant involved in Case Crime No.986/2017 under Sections 406 and 506 IPC, Police Station - Kotwali, District Sitapur. The applicant seeks following reliefs- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may kindly be pleased to exercise the power U/S 482 Cr.P.C. to quash the charge sheet dt. 1.11.2017 and summoning order dt. 18.1.2018 in crl. Case no.366/2018, crime no.986/17 U/S 406, 506 IPC P.S. Kotwali, District Sitapur in re; State Vs. Meera Mishra and others in the interest of justice, pending in the court of ld. Chief Judicial Magistrate-Sitapur."

(2.) According to the prosecution story against the accused applicant, he has issued a receipt, on receiving from the informant of the case worth Rs.6,57,315/- as part of sale consideration for the proposed transfer of the house No.A-113, Awas vikas Colony. He assured to execute sale deed in favour of informant within three months but neither the said promise made by the applicant accused was fulfilled nor the money paid on the assurance of sale was repaid.

(3.) The grounds upon which the relief to quash the charge-sheet as pleaded in the application are:-