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2019 Supreme(UK) 320

N.S.DHANIK
Aashish Mathur @ Lavi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Deepak Sharma, Adv., Preeta Bhatt, Adv., Harshpal Sekhon, Adv.

JUDGMENT :

N.S. DHANIK, J.

1. This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet, cognizance order dated 6.3.2018 and the entire proceedings of Criminal Case No. 1715/2018, State v. Aashish Mathur @ Lavi, under Sections 406, 420, 506, 467, 468, 471, 120B IPC, pending in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

2. Facts, in brief, are that the complainant/respondent no. 2 Smt. Anju Chauhan lodged an FIR on 23.8.2015 with PS Transit Camp, Rudrapur, District Udham Singh Nagar with the allegation that the accused applicant, his mother, his brother and other co-accused persons hatched a conspiracy and they cheated her more than rupees seventy lakhs. The complainant alleged that in April 2012, co-accused Neeraja Mathur (who is a relative of the complainant) and her two sons Aashish Mathur @ Lavi (present applicant) and Vinod Mathur came to the house of the complainant at Pantnagar and gave a proposal to purchase the land of one Smt. Mahima Rani in partnership. Land was situated in Lucknow. Agreeing on the said proposal of the accused persons, the complainant gave them token money of rupees one lakh and therea

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