2025:UHC:4099 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 542 of 2025 19 May, 2025 Nandu --Applicant Versus State Of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Hari Mohan Bhatia, learned counsel for the applicant. Mr. Akshay Latwal, learned AGA for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present C528 application, applicant has put to challenge the summoning order dated 23.12.2024, passed by Judicial Magistrate, Narendra Nagar, Tehri Garhwal in Criminal Case No.1564 of 2024, State vs. Nandu & other, under Sections 420, 467, 468 & 471 IPC as well as to challenge the charge-sheet dated 29.11.2024 (annexure-7 to the C528 application). 2. Facts in brief are that respondent no.2 lodged the first information report on 07.12.2023 against the applicant and his son alleging therein that She is the co- owner of the land situated in Village Neer Patii, Dhamandasu, Tehsil Narendra Nagar along with applicant-Nandu and by hatching a conspiracy, applicant and his son obtained the order under Section 143(3) of U.P. Z.A. and L.R. Act and got declared the land as non- 1 2025:UHC:4099 agriculture and sold the land to one Rajendra Singh Bhandari on 15.06.2018 by way of registered sale deed and when the matter was proceeded for mutation, the respondent no.2 got the information that applicant sold 52 nali land from Khata Nos.24 & 25 and her 52 nali land is recorded in Khata No.24 and the applicant has right only to sell 16 nali land, but he has sold 41.5 nali land which belongs to respondent no.2. It is further stated in the first information report that when respondent no.2 went to her land, then applicant and his son abused her and threatened her that they will implicate her in a false case. It is also stated in the first information report that in the report of Lekhpal dated 06.12.2021, it has been confirmed that share of respondent no.2 has been sold and in this regard on 08.05.2023, she moved a complaint to Sub-Divisional Magistrate, Narendra Nagar, but no action has been taken. Thereafter on 16.05.2023, she made the complaint to S.S.P. Tehri Garhwal and later on, moved the application under Section 156(3) Cr.P.C. on 29.05.2023. 3. After lodging of the first information report, the Investigating Officer submitted the charge-sheet on 23.12.2024. Thereafter, learned Judicial Magistrate took cognizance on the said charge-sheet vide its order dated 23.12.2024 and issued summons to the applicant. 4. Heard learned counsel for the parties. 5. Learned counsel for the applicant submits that while taking cognizance, learned Magistrate failed to appreciate the material evidence collected by the Investigating Officer and passed the impugned summoning order. He further submits that during investigation, the Investigating Officer recorded the 2 2025:UHC:4099 statement of respondent no.2 under Section 161 Cr.P.C. where she herself has stated that on 13.03.2023 she transferred the land-in-question as alleged in the FIR to Vatsal Sharma and Varun Sharma, which means she has already sold her share of property before lodging of the FIR as the FIR was lodged on 07.12.2023. 6. Per contra, learned State Counsel submits that the applicant has raised the serious disputed question of facts before this Court and the same can only be examined during course of trial, thus the present C528 application is liable to be dismissed 7. The argument advanced by learned counsel for the applicant is not sustainable at this stage as the same would require evidence to substantiate the said argument. This Court while sitting in the inherent jurisdiction under Section 528 of BNSS, 2023 is not enjoined to sift the evidence between the parties and the same can be done only by the trial court. Accordingly, no case is made out to interfere in the present C528 application and the same is dismissed in-limine. 8. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.05.2025 AK 3