2025:UHC:4830 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 1750 of 2023 11 June, 2025 Surjeet Kaur and Ors. --Applicants Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. J.C. Karnataka, learned counsel for the applicants. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/ respondent No.1. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. By means of the present C482 application, the applicants have challenged the charge-sheet dated 28.09.2021, summoning/cognizance order dated 27.05.2023, passed by learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, in Criminal Case No.1400 of 2023, State of Uttarakhand Vs. Charanpal Singh Sobti and Others, for the offences punishable u/s 420 and 120B IPC, along with the entire proceedings of the aforesaid criminal case. 3. The present C482 application was filed on 24.08.2023 and since then, even notice has not been issued to respondent No.2. 4. The facts in brief are that respondent No.2 lodged an FIR against the applicants and one- Charanpal Singh Sobti on 08.12.2019 under Sections 420, 467, 468, 471, 406 and 120-B IPC stating therein 1 2025:UHC:4830 that respondent No.2 along with his partners in July, 2013 agreed upon an oral agreement with the applicants to purchase the property (bearing Khasra No.188 admeasuring 3.2020 hectares), of which the applicants were lawful owner @Rs.2,500/- square feet. Further it was alleged that certain amount was given by different persons associated with the respondent No.2, but the sale deed was not executed equivalent to money received by the applicants. 5. Learned counsel for the applicant submits that respondent No.2 in the impugned FIR had allegedly shown two other persons as partner i.e. Deepak Gandhi and Satyendra Pal, however, the applicant No.1 had executed sale deeds in favour of Deepak Gandhi (land admeasuring 800 sq.mtr.) and wife of Satyendra Pal (land admeasuring 1140 sq.mtr.). Further, the said two sale deeds executed in favour of Deepak Gandhi and wife of Satyendra Pal was executed on the same date i.e.15.01.2014, when sale deed of respondent No.2 was executed. After the execution of the sale deeds, the said persons were successfully recorded in the revenue records. He further submits that the respondent No.2 along with Deepak Gandhi and wife of Satyendra Pal had also preferred a Civil Suit being O.S. No.102 of 2019 Om Prakash Saluja and Ors. Vs. Surjeet Singh and Ors., before the Court of learned Civil Judge (Sr. Div.), Rudrapur, District Udham Singh Nagar, wherein, along with permanent injunction, a prayer had been made that earnest money of Rs.1,07,10,000/- has been given and accordingly applicants were to be directed to execute sale deed in favour of respondent No.2. The said suit is still pending before the Court below. 2 2025:UHC:4830 6. Learned counsel for the applicants contends that the allegations made in the impugned FIR and the civil suit preferred by the respondent No.2 clearly stipulates that the allegations made against the applicants are false and the instant criminal proceeding has been initiated merely to build undue pressure on applications, as respondent No.2 had been sold off excess land then what was actually purchased from the applicant No.1. The Investigating Officer after investigation found that no offence u/s 467, 468, 471, 406 IPC is made out but without proper investigation merely on false allegation, without any supportive evidence filed charge-sheet under Sections 420 and 120-B IPC on the basis that the money was withheld with the applicants. No particular role had been assigned to any applicants, but merely to create pressure, the name of applicant Nos.2 and 3 were added. 7. It is further contended by learned counsel for the applicants that the learned CJM. Rudrapur without application of judicial mind took cognizance mechanically in a routine manner on the said charge- sheet submitted by the Police against the applicants. It is also contended by him that the present matter is purely civil in nature which has been deliberately with ulterior motives given a criminal colour and further the respondent No.2 had made an inordinate delay in lodging the FIR without giving any reasonable and plausible explanation, which is very crucial factor in determining the veracity and genuineness of the allegations imposed by respondent No.2 in the impugned FIR. 3 2025:UHC:4830 8. Per contra, learned State Counsel has supported the prosecution story and submits that the Investigating Officer after due investigation has duly submitted the charge-sheet, on which the learned Judicial Magistrate has lawfully take cognizance and summoned the applicant. 9. Having heard the learned counsel for the applicants and on perusal of the FIR and other documents available on record, since, the first information report was lodged and investigated and after investigation, charge-sheet has been submitted, this Court doesn’t want to interfere in the matter on such a flimsy ground. This Court under Section 482 of Cr.P.C. cannot embark upon a fact finding inquiry which can only be done by the learned Trial Court. The allegations and counter allegations can only be proved in the learned Trial Court by adducing evidences by both the parties. Moreover, the notices were never issued in this C482 application by this Court since 2023; the impugned summoning order is of 27.05.2023, the trial must have been proceeded further. This Court does not wish to interfere now at this belated stage of trial invoking inherent powers of this court. This case does not fall in the ‘rarest of rare’ category for invoking the inherent powers of this Court. 10. Accordingly, the C482 application is dismissed. (Pankaj Purohit, J.) 11.06.2025 PN 4 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadb e38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE8 1FAE064498483A83D84BDB0F9229D5BF08D9 59AC, cn=PREETI NEGI Date: 2025.06.16 16:05:09 +05'30'