MANJULA MITTAL Vs. SURTA RAM AND OTHERS

JUDGEMENT

(1.) This is a petition under Section 482 of Cr.P.C for quashing of Order dated 17.02.2010 (Annexure P-2) passed by the Additional Chief Judicial Magistrate, Karnal and the Order dated 09.11.2011 (Annexure P-3) passed by the Additional Sessions Judge, Karnal to the extent, vide which, the accused/respondent Nos.2 to 5 have not been summoned.

(2.) It was contended that the petitioner had filed a complaint for the offence under Sections 420, 467, 468, 471, 447, 323 and 506 of the Indian Penal Code against the respondents. The trial Court summoned accused No.1 vide Summoning Order dated 17.02.2010. However, no Summoning Order was passed against rest of the respondents. The petitioner had filed the revision petition which was dismissed vide Order dated 09.11.2011.

(3.) While arguing for setting aside the impugned Order, learned counsel for the petitioner had submitted that the Courts below had wrongly held that the petitioner had failed to establish that the actual possession was delivered to the petitioner as in the agreement itself, it was written that the actual physical possession stood delivered to the petitioner. The fraud is writ large because in the alleged Sale Deed Ex. CW1/K, Surta accused further mentioned the delivery of possession in the sale deed to rest of the accused. The aforesaid Sale Deed was a collusive affair because respondent No.2-Mohan Lal is none-else but the grand son of Surta who is witness to agreement to Annexure P-4. Surta allegedly sold the land to Rishi Pal, Ashok Kumar and Satish, all sons of Zile Singh.