Decided on October 24,2013

Sukhpal Singh And Another Appellant
State of Uttarakhand and others Respondents


- (1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 25.05.2011 passed by the Judicial Magistrate (J.D.), Vikas Nagar, Dehradun in Criminal Case No.482 of 2011 titled as Mamraj vs. Sube Singh and others under Sections 420, 467, 468, 471, 120-B IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) Taking recourse to Section 156(3) Cr.P.C., respondent nos.2 to 4 (Mamraj, Ram Prasad and Om Prakash respectively) got lodged an FIR against 4 accused persons, including the present accused-applicants on 22.03.2009 at Police Station Sahaspur, Vikas Nagar, Dehradun for the offences punishable under Sections 420, 467, 468, 471, 120-B IPC. After the investigation, a final report was submitted by the Investigating Officer. Aggrieved against the same, a protest petition was filed by informants (respondent nos.2 to 4). Learned Judicial Magistrate thereafter rejected the final report and took cognizance under Section 190 (1)(b) Cr.P.C., vide order dated 25.05.2011. Feeling aggrieved, a criminal revision bearing no.80/2011 was preferred by accused-applicants before the Sessions Judge, Dehradun, which was dismissed, vide order dated 02.08.2011. Aggrieved against the summoning order, present application under Section 482 Cr.P.C. was preferred by the accused-applicants.
(3.) In May, 2004 a power of attorney was executed by Mamraj, Ram Prasad and Om Prakash in favour of Sube Singh, who was the brother of executors. Deed writer-Sukhpal Singh (applicant no.1 herein) came to respondent nos.2 to 4 portraying that their land has vested in the State. They should write a letter in favour of his brother Sube Singh so that the land may be returned to respondent nos.2 to 4 and accused-Sube Singh. Respondent nos.2 to 4 believing Sukhpal Singh to be true gave a letter in favour of Sube Singh. After a span of 4 years, on 13.05.2007, the property was returned to respondent nos.2 to 4 & Sube Singh. After 5 days, i.e., on 19.05.2008 applicant no.1 (Sukhpal Singh) by using that power of attorney purchased the whole land in the name of his wife Mamtesh. On the same day, another sale deed was also executed by Mamtesh in favour of accused Smt. Premwati, wife of Sube Singh. On 22.09.2008 when respondent nos.2 to 4 obtained the extract of Khatoni from Tehsil, Vikas Nagar, they came to know that the entire land has been transferred in the name of Mamtesh (applicant no.2 herein). Respondent nos.2 to 4 filed an original suit no.79/2008 in the court of Civil Judge (J.D.), Vikas Nagar, Dehradun for the relief of declaration and permanent prohibitory injunction. A temporary injunction order was granted in their favour. Respondent nos.2 to 4 thereafter lodged an FIR against the present applicants and 2 others at P.S. Sahaspur, Vikas Nagar, Dehradun. The police did not register the case and, therefore, respondent nos.2 to 4 were compelled to take recourse to Section 156 (3) Cr.P.C.;

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