Saddam @ Gullu vs State Of Uttarakhand & Others

N.S. Dhanik, J

This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the charge-sheet dated 01.08.2018, cognizance order dated 13.08.2018 and the entire proceedings of Case No. 507 of 2018, "State vs. Arshad & others", under Sections 417, 420, 467, 468, 471, 419 & 120-B of IPC pending before the court of learned Judicial Magistrate, Roorkee, District Haridwar.

Facts, in brief, are that an FIR was lodged by the respondent no. 2, Sri Rakesh Aggarwal on 29.03.2018, at Police Station Piran Kaliyar, Roorkee District Haridwar with the allegations that he was a need of some land for his personal work and for that purpose, Arshad introduced him to one Sanaullah on 07.03.2018 and such Sanaullah told him to sale his 4.75 bighas land to him at Farahan Guest House and some other persons were also present there, namely, Arshad, Chaman, Saddam-present applicant, Iklakh and Amir and the complainant paid a token amount of Rs. 50,000/- on 07.03.2011 and thereafter, he obtained revenue documents and an agreement was executed on 14.03.2018 and paid an amount of Rs. 9,50,000/- to the Sanaullah in front of the abovementioned persons and thereafter, he came to know that he was cheated by Sanaullha and that such person was not Sanaullha, however his name was Mohd. Rafi. After investigation, police submitted the charge-sheet and thereafter the trial Court summoned the accused applicants to face the trial.

Learned counsel for the applicant submits that the applicant has not committed the alleged offence and he has falsely been implicated in the present case. He further submits that applicant has neither committed any cheating with the respondent no. 2 nor did he receive any amount. Furthermore, no specific role has been assigned to the present applicant.

From the perusal of the entire records, this Court is of the opinion that no interference is presently required in this matter at this stage. However, the applicant would be at liberty to raise all legal and factual submissions before the court below at an appropriate stage. There does not appear to be any abuse of process of Court and no interference is liable to be made, as far as proceedings are concerned. The proceedings shall go on before the trial Court in accordance with law.

Consequently, the present application under Section C-482 CrPc is dismissed. However, it is directed that if the accused applicant surrenders before the Court below and moves application for bail, his bail application shall be considered and decided as far as possible on the same day. If hearing on the bail application is deferred for any reason, the Court below shall consider granting interim bail to the applicant till his bail application is decided on merits.