Arvind Kumar Tripathi, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application under section 482 Cr.P.C. has been filed to quash the entire proceeding of Complaint Case No. 1030/09/2012 Nanhey Singh v. Munna Singh and Others, under Section 420 IPC, P. S. Civil Lines, District Moradabad pending before A.C.J.M. Court No. 4, Moradabad and summoning order dated 6.11.2012 passed by A.C.J.M. Court No. 4, Moradabad.
(2.) LEARNED counsel for the applicant contended that on the basis of false allegation, complaint was lodged. The land was purchased by the complainant and as per allegation, he know Munna and on his information, the land was purchased. Subsequently, it was found that out of 9 bigha land, 4 bigha land had already been transferred in favour of one Manoj son of transferrer Ramraj. In fact the applicant has no concern with the land in question. Hence, entire proceeding of complaint and the impugned summoning order are liable to be quashed. Learned A.G.A. opposed the aforesaid prayer.
(3.) CONSIDERED the submissions of the learned counsel for the parties. Admittedly 9 bigha land was transferred on the recommendation of the applicant and other co -accused including Munna though 4 bigha land had already been transferred out of 9 bigha land. Hence, at this initial stage, in view of the fact, no interference is required. The version of the defence has to be examined at appropriate stage, on the basis of evidence adduced by the parties, in accordance with law.;