Court No. - 28
Case :- CRIMINAL REVISION No. - 3491 of 2015 Revisionist :- Ajaypal And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Rajiv Lochan Shukla,Krishna Mishra,Rakesh Srivastava Counsel for Opposite Party :- Govt.Advocate,Shri Krishna Mishra
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
Learned counsel for the revisionists is not present to argue the case.
Heard Learned A.G.A. and learned counsel for Opposite Party No.2.
This revision has been preferred against the order dated 27.1.2015 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar in Case No.10380 of 2013, State Vs. Ajaypal, whereby the application of the revisionists Ajaypal and Kiranpal under Section 239, Cr.P.C. for discharge was rejected holding that offence under Section 420, 506, IPC is made out against the revisionists.
As per FIR version revisionists/accused Ajaypal and Kiranpal have executed an agreement to sale in favour of the informant Mahesh Chandra of the disputed property. Before the execution of agreement to sale they have sold disputed property to another person and cheated the informant. On the information of the informant first information report was lodged and after investigation police has submitted charge sheet.
On the basis of case diary learned Magistrate held that there is ground for presumption that the accused- revisionists have committed offence under Sections 420, 506, IPC. Findings of learned Magistrate is based on reasoning and is not perverse. I find no illegality in the impugned order passed by the learned Magistrate.
Accordingly, revision is dismissed.
Order Date :- 28.5.2018 T. Sinha