KRISHNA DEVI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Mr. Sandeep Tandon, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. D. Barthwal, Advocate for the respondent no. 2.

(2.) This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the summoning order dated 6.10.2003 as well as the entire proceedings of Criminal Case No. 1713/2003, State v. Smt. Krishna Devi & Other under Section 420, 467, 468, 471 IPC pending in the Court of Special Judicial Magistrate, Rishikesh, District Dehradun.

(3.) Facts, in brief, are that respondent no. 2 lodged an FIR with PS Rishikesh on 5.1.2003 with the averments that the property in dispute was registered in his name by his maternal grandmother. But the petitioner no. 1 Smt. Krishan Devi (who is the daughter of his mother's sister) and her husband i.e. petitioner no. 2 Sardar Kirpal Singh told his maternal grandfather that they have to build a new house and requested him to accommodate them and their belongings in his house till the completion of their new building. But lateron the petitioners got prepared a forged Will of his maternal grandmother and refused to vacate the premises. The complainant filed a civil suit at Dehradun, wherein the petitioners could not prove their case and on 19.4.2002, they gave in writing before the court that they had handed over the possession of the property in dispute to the complainant, but in the meantime they had already sold the said property to one Vinay Pant, who forcibly took over the possession of the said property on 26.4.2002 by breaking open the locks. Petitioners had assured the complainant that they would give the money in lieu of the said property but subsequently refused to give him either property or the money. Therefore, the respondent no. 2 lodged the FIR against the petitioners. On the basis of this FIR, a case was registered against the petitioners under Section 420, 467, 468, 471 IPC. After the investigation, the I.O. submitted a chargesheet against the petitioners, on the basis of which learned Special Judicial Magistrate has taken the cognizance of the offence against the petitioners vide order dated 6.10.2003.