2025:UHC:5212 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 225 of 2023 20 June, 2025 Kunwar Javed Rao --Applicant Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Rajeev Pathak, learned counsel for the applicant. Mr. Bhaskar Chandra Joshi, learned A.G.A. 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 applicant has challenged the charge-sheet dated 30.08.2022, summoning/cognizance order dated 01.11.2022, passed by learned Third Additional Chief Judicial Magistrate, Dehradun, District Dehradun, in Criminal Case No.7186 of 2022, State Vs. Kunwar Javed Rao, for the offence punishable u/s 420 IPC, along with the entire proceedings of the aforesaid criminal case. 3. The present C482 application was filed on 08.02.2023 and since then, even notice has not been issued to respondent No.2. 4. The facts in brief are that the applicant was the power of attorney holder of real owner of the property in-question, which was duly recorded in the 1 2025:UHC:5212 office of Sub Registrar 4th Dehradun. A deal was finalized between the parties to which it was decided that the applicant would sell a piece of land of 50 bigha to respondent No.2 and his partners through an agreement to sale dated 23.09.2020, respondent No.2 gave Rs.28,00,000/- + Rs.15,00,000/-, in total Rs.43,00,000/- to the applicant. But, sale deed was never executed in favour of the respondent No.2. Respondent No.2 made complaint to the police authorities and when the FIR was not lodged, the respondent No.2 got moved an application under Section 156(3) Cr.P.C. before the concerned Court and the concerned Court has directed the concerned SHO to lodge the FIR, which was registered as FIR No.29 of 2022 dated 24.01.2022 at P.S. Rajpur, District Dehradun. 5. Thereafter, the investigation was culminated into filing of charge-sheet on 30.08.2022 and the other co-accused persons were exonerated from the charge leveled against them. After filing the charge-sheet, learned Third Additional Chief Judicial Magistrate, Dehradun took cognizance of the offence under Section 420 IPC and summoned the applicant for trial. 6. Learned counsel for the applicant submits that the applicant is an innocent person and he was only the power of attorney holder of the other accused person and it is respondent No.2 who himself has violated the terms and conditions of the agreement and had not paid the remaining amount; applicant has falsely been implicated in the instant case and has no previous criminal history or conviction to his credit. 2 2025:UHC:5212 7. Learned counsel for the applicant further submits that the prosecution has no material and reliable evidence to prove the allegation leveled against the applicant and as such, the prosecution has no legs to stand, hence, the charge-sheet as well as the summoning order are illegal and are abuse of process of law. Further, neither the applicant cheated the respondent No.2 in any manner nor had grabbed the amount of respondent No.2, hence, prima-facie no case under Section 420 of IPC is made out against the applicant. 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 Third Additional Chief Judicial Magistrate has lawfully taken 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 01.11.2022, the trial must have been proceeded further. This Court 3 2025:UHC:5212 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. 11. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 20.06.2025 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=63c75a8c4765581180a58d7478fadbe383 31bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FA E064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.06.23 15:54:17 +05'30'