IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL (1) CRIMINAL WRIT PETITION NO.201 OF 2010 Sanjay ………Petitioner Versus State of Uttarakhand & others …Respondents (2) CRIMINAL WRIT PETITION NO.197 OF 2010 Tsersing Doma & another ………Petitioner Versus State of Uttarakhand & others …Respondents Dated: April 7, 2010 Sri Vivek Shukla, Advocate for the petitioner-Sanjay (WPCRL 201/10) Sri S.K. Madal, Adv. for petitioners-Tsering Doma & Soni Sharma (WPCRL 197/10) Sri Amit Bhatt, Addl. GA for the State HON. DHARAM VEER, J. Both the writ petitions have been filed by the petitioners assailing the common FIR lodged against them and the incident is also common, hence they are being disposed of by this common order. By means of these writ petitions, the petitioners have prayed to issue writ of certiorari quashing the impugned FIR lodged as Case Crime No.10/2010 u/s 420/467/468/471 IPC P.S. Rajpur, District Dehradun. Heard learned counsel for the parties and perused the entire material on record. Learned counsel for the petitioners argued that the entire money was paid to one Adesh Kumar who did not pay money to the seller of the property and they are the bonafide purchasers. On the contrary, learned Addl. G.A. submitted that the petitioners-Tsering Doma and Smt. Soni Sharma issued cheques of Rs.2.86 lacs each to the sellers Om Prakash, Ami Chand and Smt. Draupadi Devi but when these cheques were presented, they were dishonoured by the Bank. Even co- accused Adesh Kumar also issued cheque in favour of the said sellers which too was dishonoured. He further submitted that petitioner- Sanjay Kumar, who is the mastermind of this deal, actually cheated the aforesaid sellers by assuring them that he would dispose of the property on higher rates by cutting it in the form of plots. He further submitted that petitioner Sanjay took the benefit being the relative of the relative of sister in law of complainant. The complainant, is an illiterate person while the petitioner-Sanjay, who by his wrong assurance, misused the relationship and on his assurance, he took co-accused Adesh Kumar to the complainant property and on assurance of Sanjay, the complainant executed four sale deeds in favour of Sandeep Nagar, Soni Sharma, Tsering Doma and Shammi Lubsang Bhutia. Even the cheques issued by the petitioners Smt. Tsering Doma & Smt. Soni Sharma were dishonoured. Thus, the entire property of the complainant was sold however he did not receive a single penny and they were cheated by the petitioners. After considering the entire facts and circumstances of the case and upon hearing learned counsel for the parties as well as on perusal of FIR and other documents on record and seeing the gravity of the offence, the petitioners are not entitled for any relief by this Court and the petitions are liable to be dismissed. Both the writ petitions are, therefore, devoid of merits and are dismissed accordingly. (Dharam Veer, J.) 7.04.2010 Rajeev Dang