LAWS(HPH)-2020-1-17

PRAHLAD GULERIA Vs. STATE OF HIMACHAL PRADESH

Decided On January 03, 2020
Prahlad Guleria Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) As per report of the Registry the complainant (respondent No. 2 herein), was duly served but he did not put in appearance in Court either in person or through Counsel.

(2.) Challenging the registration of FIR for identifying a person who had impersonated as a seller, and the charges framed consequently, the petitioner who is a practicing Advocate has come up before this Court under Section 482 CrPC, by invoking inherent powers, seeking quashing of FIR No. 14 of 2013, dated Jan. 21, 2013, registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code, in the file of Police Station Sadar Mandi, Distt. Mandi, Himachal Pradesh, and all subsequent proceedings on the ground that he had only identified the seller on the asking of the witnesses.

(3.) The gist of the entire case traces its origin to the registration of the sale deed wherein Raj Kumar the 2 nd respondent herein had complained that one Puni Devi impersonated as Mehasru and fraudulently induced him to hand over an amount of rupees twenty thousand in lieu of sale of land. Consequently the Sub Registrar-cum-Tehsildar conducted an inquiry and found that complainant Raj Kumar had purchased two plots of land which were registered vide separate sale deeds but the entire transaction was a sham.