Vijendra Alias Bijendra Kumar Kapil vs State Of Uttarakhand And Another

Ravindra Maithani, J

Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“the BNSS”) has been preferred by the petitioner for quashing the charge-sheet dated 20.05.2024 and summoning order dated 04.06.2024, passed in Criminal Case No.535 of 2024, State vs. Vijendra Kumar Kapil and others, by the court of Judicial Magistrate Second, Haridwar, District Haridwar (“the case”) as well as entire proceeding of the case.

Heard learned counsel for the parties and perused the record.

The case is based on an FIR, lodged by the respondent no.2 (“the informant”). According to the FIR, the petitioner introduced a person to the informant as Dr. Vishal Upadhyay and got a sale-deed executed. Subsequently, it was revealed that, in fact, the sale-deed was not executed by Dr. Vishal Upadhyay, instead someone impersonated and got the sale-deed executed in favour of the informant. The FIR records that the petitioner had the active role in the execution of the sale-deed. It is he, who persuaded the informant to purchase the property. These allegations, after investigation were found true.

Learned counsel for the petitioner submits that the petitioner was merely an introducer; he is not the beneficiary.

The jurisdiction under Section 528 of BNSS is exercised to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The scope is quite wide, which is much restricted by the principle of law, as laid down by the Hon’ble Supreme Court in a catena of decisions.

In case, if prima facie case is made out, generally no interference is warranted unless there are exceptional circumstances to do so. In the instant case, FIR discloses commission of cognizable offence. Active role has been assigned to the petitioner; it is he, who got the sale-deed executed by impersonation. What is the credibility and truthfulness of the material collected during investigation, will fall for scrutiny during trial. Therefore, this Court is of the view that there is no reason to make any interference. Accordingly, the petition deserves to be dismissed at the stage of admission itself.

The petition is dismissed in limine.