LAWS(ALL)-2020-3-45

MAHBOOB ALI Vs. STATE OF U.P.

Decided On March 05, 2020
MAHBOOB ALI Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) Heard Sri Raj Kumar Dhama, learned counsel for the applicants, Sri Sudhir Dixit, learned counsel for the O.P. No. 2 and Sri G.P. Singh, learned A.G.A. for the State.

(2.) The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 28.9.2015 passed by Judicial Magistrate, Jewar district Gautam Budh Nagar in complaint case no. 589 of 2014 under Sections 420 , 467 , 468 , 471 IPC, Police Station Jewar, district Gautam Budh Nagar.

(3.) As per complaint, the prosecution case is that Fazle Kareem's father had married Bismillah and out of the wedlock, Mehboob Ali, applicant no. 1, Fazle Haq, applicant no. 2, Habib, applicant no. 3 were born. These applicants had filed a case in the Court of Tehsildar in order to grab the property of O.P. No. 2 and his brothers, Ahsan, Imran and their mother, Ahmadi. Accused applicants had forged a death-certificate of deceased, Jan Mohammad showing his death to have taken place on 19.06.2008 although, Jan Mohammad died in Safdarjang hospital in Delhi on 19.05.2008 when he was residing with the informant.