Satya Pal Singh Lodhe vs State of U.P. and Another

Arvind Kumar Tripathi, J.—Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application u/s 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, u/s 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.

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.

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.

However, without expressing any opinion on merit, if the applicant appears before the court concerned within four weeks from today and applies for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and Another (Smt.) Vs. State of U.P., and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, , after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then applicant may be released on interim bail till disposal of the bail application. With these observations, present application filed u/s 482 Cr.P.C. is finally disposed off.