This judgment dismisses an application under Section 420 IPC challenging a summons order. The Court held allegations sufficient for summons and noted the applicant failed to establish any right or title to the property.
The application is dismissed and all interim orders are discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2 Case :- APPLICATION U/S 482 No. - 2406 of 2002 Applicant :- Satya Pal Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application calls in question an order dated 10 February 1999 by which the applicant has been summoned for commission of offences under Section 420 I.P.C. This order has been affirmed in revision by the Additional Sessions Judge in terms of an order dated 7 March 2002. The crux of the allegation against the applicant was that he had executed an agreement in favour of the complainant and also obtained advance monies in respect of the plot of land over which he had no ownership or title. The allegations in the considered view of this Court was sufficient for the Magistrate to proceed to summon the applicant -accused. Even before this Court, learned counsel for the applicant has been unable to even prima facie establish that on the date of execution of the agreement the applicant had some vestige of a right or title over the property.
In view of the above, the Court finds no force in the instant application, which shall stand dismissed . All interim orders shall stand discharged.
Order Date :- 24.7.2018/Arun K. Singh
(Yashwant Varma, J.)
2 issues framed by the court
Whether the allegations in an agreement executed for a plot of land where the applicant had no title are sufficient to sustain a charge of cheating.
Whether the applicant can establish a prima facie right or title over the property as of the date of execution of the agreement.
1 provisions across 1 enactments
Satya Pal Singh
State Of U.P.
Another
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
