Court No. - 49
Case :- APPLICATION U/S 482 No. - 19564 of 2018 Applicant :- Jagendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Pushpendra Singh Lodhi, Advocate has filed his appearance slip on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 05.04.2017, cognizance order dated 15.04.2017 and the entire proceeding of Case No. 2442 of 2017, arising out of Case Crime No. 1091 of 2016, under Sections 420, 467, 368, 471 I.P.C., Police Station Kotwali Shahar, District Bulandshahr, pending before the Court of Chief Judicial Magistrate, Bulandshahr.
Learned counsel for the applicant submits that the dispute between the parties is purely civil in nature arising out of an agreement to sell of an immovable property. It is submitted that the applicant had only introduced the purchaser with the seller -Rohtash. It is thus submitted that the ingredient of the offence alleged are not made out against the applicant, who had only introduced with the vendor to the vendee.
Sri Pushpendra Singh Lodhi, learned counsel for the opposite party no.2 on the other hand submits that the facts of the case are otherwise. The applicant had offered to the opposite party no.2 to purchase the land from Rohtash jointly. The opposite party no.2 had thus parted with the money and thereafter the applicant alongwith Rohtash has set up a plea that the agreement to sell had been executed by the seller in an inebriated state of mind.
The arguments advanced by learned counsel for the applicant are factual in nature and would require appraisal of evidence.
In view of the above, no interference is warranted, at this stage. The present application lacks merit and is dismissed.
Order Date :- 30.5.2018 Lbm/-