Court No. - 53
Case :- APPLICATION U/S 482 No. - 32155 of 2018 Applicant :- Azad Singh Dhama Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application seeking to quash the impugned criminal proceedings of case No. 18054 of 2018, State Vs. Azad Singh Dhama & Ors., (arising out of Case Crime No. 471 of 2018) under Sections 420, 406, 34 IPC, Police Station Shahibabad, District Ghaziabad, pending in the Court of Chief Judicial Magistrate, Ghaziabad.
Heard Sri R.P. Singh, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the dispute between parties is about a land transaction where it is alleged that there was an agreement to transfer the land in the worth of Rs.55,000/- and an earnest in the sum of Rs.11 lacs taken by the co-accused Gopi Chand, who had to execute a sale deed in favour of opposite party No.2. It is submitted that the dispute is essentially civil in nature involving at best a case of specific performance of contract. Moreover, the applicant is not a beneficiary of the transaction. He is neither a vendor nor a witness.
Learned AGA has opposed the motion to admit this application to hearing.
A perusal of the impugned chargesheet shows that the allegations in the present case are not merely arising out of a civil dispute between parties over non execution of a sale deed or the failure of the co-accused against Gopi Chand to transfer the land covenanted to be sold, it is about a planned and structured act of cheating where an unwary complainant was lead to part with money in the sum of Rs.11 lacs by the applicant, acting in concert with Gopi Chand, alleged owner of the land, on the pretext of selling that land to the applicant by defrauding him about facts that Gopi Chand is not a member of a Scheduled Caste and is in possession of the land whereas the co-accused Gopi Chand is Scheduled Caste and not in possession of the land that has been made not a subject matter of a bonafide transfer, but a device to cheat the applicant. During investigation, the police have found the allegation vindicated and have filed charge-sheet collecting credible evidence.
In the circumstances of the case, it cannot be said that the dispute is essentially civil in nature. This is a dispute that has defined criminal trappings as the intention to cheat, prima facie, was initially there to which the applicant is privy.
In the aforesaid premises, no case to quash the impugned charge-sheet is made out.
This application stands dismissed. Order Date :- 17.9.2018 Deepak