I.P.C., (State v. Om Prakash Chaubey & Others) pending before Judicial Magistrate, Court No
Case Details
Neutral Citation No. - 2024:AHC:126383 Court No. - 82 Case :- APPLICATION U/S 482 No. - 23122 of 2024 Applicant :- Arunender Pandey And 4 Others Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Hriday Narayan Pandey,Rajendra Kumar Pandey,Vaibhaw Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Legal Reasoning
Heard learned counsel for the applicants as well as learned A.G.A. for the State. The present application u/s 482 Cr.P.C. has been moved by the applicants with a prayer to quash the impugned summoning order dated 29.04.2024 arising out of Criminal Case No. 137 of 2022, under Sections 419, 420, 506 I.P.C., (State Vs. Om Prakash Chaubey & Others) pending before Judicial Magistrate, Court No. 02, Mohammadabad, District Ghazipur in respect to F.I.R. No. 0137 dated 11.10.2022, Police Station Baresar, District, Ghazipur and further prayed to stay the aforesaid impugned summoning order. It is submitted by learned counsel for the applicants that in this case applicants are innocent and have falsely been implicated in the present case. It is further submitted that no prima facie case under Sections 419, 420, 506 I.P.C. is made out against the applicants. The Applicants Om Prakash Chaubey, Ramdeo Chaubey, Subhash Chaubey and Jai Prakash Chaubey are sons of Chandrapati Chaubey and Arunender Pandey is Bhanja (sister's son of the aforesaid applicants no. 2 to 5). It is further submitted that Chandrapati Chaubey was brother of Komal Chaubey who died issueless that was the reason property of Komal Chaubey was inherited by Chandrapati Chaubey and mutation was also got done in his favour in revenue records. Later on, the alleged daughters of Komal Chaubey the opposite party no. 3 and 4 lodged the present F.I.R. with false allegations that they were daughters of Komal Chaubey and were also entitled for his property. They filed objection before revenue authorities and got the property entered into in their names and then sold the property in the year 2021 and this was also challenged before the learned Board of revenue by the applicants in which order of status quo was passed thereafter present F.I.R. was lodged by the alleged daughters of Komal Chaubey with false allegations. During the course of investigation no sufficient material was collected by the I.O but charge sheet was filed on the basis of which the learned trial court took cognizance of the offences without applying its judicial mind, therefore, request to quash the entire proceedings of the case including the order of cognizance and impugned charge sheet as matter being purely of civil nature. Learned counsel for the applicant also relied his argument on the case decided by the Hon'ble Supreme Court in Kunti and Another Vs. State of Uttar Pradesh and Another 2023 0 Supreme(SC) 467 in which it has been observed that if the case is of civil nature no criminal proceedings can be permitted to go on. Learned A.G.A. has opposed the prayer as aforesaid in this regard and contended that in this case opposite party no. 3 and 4 (Parvati and Suman Upadhaya) are daughters of Komal Chaubey and their names were also entered into family register as daughters of Komal Chaubey. The applicants prepared a forged copy of family register and on that basis got the property of Komal Chaubey mutated in favour of the father of applicant no. 2 to 5 by showing that Komal Chaubey never married and was issueless. By committing such fraud he got the land entered into in the name of Chandrapati Chaubey and it was done by applicant no. 2 to 5 thereafter forged gift deed was also got executed in favour of applicant no. 1 Arunender Pandey/ son of their sister. In this way, the applicants committed fraud with the opposite party no. 3 and 4 by preparing and using forged document for the purpose of depriving the opposite party no. 3 and 4 of their right to property of their father Komal Chaubey. In this way, it cannot be said that matter is purely of civil nature and criminal proceedings cannot go on. During the course of investigation sufficient material was collected by the I.O. in this regard and then charge sheet was filed. It is also contended that an order was passed by revenue authority holding that the opposite party no. 3 and 4 are daughters of Komal Chaubey and he was married to Raj Kumari who already died. This fact was also disclosed in Lekhpal report regarding which an order was passed by Tehsildar on 02.07.2021 by which names of opposite parties entered into revenue record. It also shows that the applicants committed the offence as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record, the contents of F.I.R., the material collected during the course of investigation, the order passed by Tehsildar, there appears no any cogent ground to grant indulgence in favour of the applicants and it can also not be said at this stage that proceedings are of purely civil nature regarding which criminal proceedings cannot go on. As a result, prayer for quashing the entire proceedings of the case including charge sheet and order of cognizance is hereby refused. Further, applicants may have an option to move an application for discharge before the learned trial court at an appropriate stage which shall be heard and decided in accordance with law on the basis of material on record. However, as submitted by learned counsel for the applicants it is also directed that in case, if applicants appear and move bail application before the learned court concerned within a period of 60 days from today, the same shall be decided by it as expeditiously as possible in the light of latest law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. In the mean time, no coercive action shall be taken against them.
Decision
Accordingly, this application stands disposed of finally. Order Date :- 6.8.2024 Suraj Srivastav