Smt. Mithlesh Singh and Another v. State of U.P. Thru. Secy. Home, Deptt. Got. of U.P. Lko. and Another

Court No. - 28

Case :- APPLICATION U/S 482 No. - 172 of 2024

Applicant :- Smt. Mithlesh Singh And Another Opposite Party :- State Of U.P. Thru. Secy. Home, Deptt. Got. Of U.P. Lko. And Another Counsel for Applicant :- Rajendra Pratap Singh,Jyoti Singh,Surendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application u/s 482 Cr.P.C has been filed with prayer to set aside the entire proceeding of Complaint Case No.15408 of 2022 (Manju Yadav vs. Yogeshwar Singh and Others) under Section 420 IPC, Police Station- Sandila, District- Hardoi as well as summoning order dated 30.05.2023 passed by the court of learned Civil Judge (Senior Division)/ F.T.C., Hardoi.

Contention of learned counsel for the applicant is that he had purchased certain land through sale deed dated 20.01.2020 from opposite party no.2 as well as co-sharer, namely, Sri Hari Krishna Srivastava. Subsequently, it was found that the opposite party no.2 had transferred the land which was part of river-bed, therefore, the applicants had lodged an FIR against the opposite party no.2 and his co-sharer on 28.02.2020 in which the police after completing investigation had also filed charge-sheet on 20.09.2020. Apart from this, the applicants had also instructed their bank to stop payment of cheque as well as RTGS transfer. Thereafter, in counter blast to that proceeding, opposite party no.2 has filed complaint on 13.02.2020 and subsequent suit no.813 of 2020 for cancellation of the above sale deed was also filed on 21.08.2020 by opposite party no.2.