IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 935/2005 Madan Lal Arora …….Petitioner Versus State of Uttaranchal & Anr. …….Respondents July 12, 2010 Hon’ble Dharam Veer, J. Heard Mr. Ramji Srivastava, Advocate for the petitioner and Mr. Amit Bhatt, Addl. GA for the State. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the chargesheet dated 28.6.2005 as well as the summoning order dated 29.7.2005 and also the proceedings of Criminal Case No. 620/2005, State of Uttaranchal v. Madan Lal Arora under Section 420, 504, 506 IPC, pending in the court of Judicial Magistrate (CBI), Dehradun. Facts, in brief, are that on 13.12.2004 petitioner executed an agreement to sell in favour of respondent no. 2 to sell the property in question towards sale consideration of Rs. 5,70,000/- in the witness of Dr. SK Agrawal and Rajeev Kumar Agrawal and received Rs. 1,00,000/- in advance. Subsequently, the petitioner also received Rs. 50,000/- on 16.12.2004, Rs. 20,000/- on 20.12.2004 and Rs. 25,000/- on 3.1.2005. But on 30.5.2005, when the respondent no. 2 asked the petitioner to execute the sale deed of the said property in her favour then the petitioner abused the respondent no. 2 and said that he would neither execute the sale deed nor he would refund her advance money. On enquiring from the concerned department, respondent no. 2 came to know that the said property is not in the name of petitioner and he has committed fraud and cheating with her. State has filed a counter affidavit wherein the averments made in the FIR have been supported and it has been further specifically stated in para 12 of the said affidavit that the said property relates to Awas Vikas Parishad and without clearing the dues of Awas Vikas Parishad the petitioner has got no right to sell the said property and the petitioner has wrongly taken the money in advance from the respondent no. 2/complainant. The I.O. recorded the statements of the witnesses during the course of investigation and after completing the investigation has submitted the chargesheet against the petitioner and thereafter the Judicial Magistrate (CBI), Dehradun passed the summoning order dated 29.7.2005 against the accused petitioner. Having considered the arguments advanced by learned counsel for the petitioner; perusal of the FIR, statements of the witnesses and other papers available on record, I am of the view that a prima facie case against the petitioner under Section 420, 504, 506 IPC is made out. The dispute involves factual questions which cannot be decided by this Court. The dispute can be decided only after adducing the oral and the documentary evidence by the parties before the trial court. It cannot be decided by this Court only on the basis of papers filed on the record. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under Section 482 CrPC, the High Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of trial court. If the allegations made in the FIR and the evidence collected by the Investigating Officer and the statements of witnesses recorded by the I.O. during the course of investigation are taken at their face value and accepted in their entirety, I am of the view that the petitioner has rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of Court. The petition lacks merit and is liable to be dismissed. 2 Accordingly, the petition is dismissed in limine. Interim order dated 17.12.2005 stands vacated. (Dharam Veer, J.) 12.7.2010 PRABODH 3