IDRISH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973 (Hereinafter in short referred to as 'Cr.P.C.), has been filed by the Applicants, Idrish, Son of Sadik, Amna, Wife of Safakat, Haseena, Wife of Haseen, and Irfan, Son of Taushif, against State of U.P. and Majid Ali, with a prayer for setting aside impugned order, whereby, application moved for discharge was rejected by the Trial court, in Case No.361 of 2011, under Sections 420, 467, 468 and 471 of Indian Penal Code (Hereinafter in short referred to as 'IPC'), Police Station-Garh Mukteshwar, District Ghaziabad, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Ghaziabad.

(2.) Learned counsel for applicants argued that applicant no.1, Idrish, is no more. Counter affidavit, filed by Opposite party no.2, is a defective counter because it has been written at Page No. 3 of the affidavit that the deponent is Opposite party no.2, whereas, deponent is not Opposite party no.2, as Opposite party no.2 is Majid Ali and he has not filed his counter affidavit. Hence, this counter affidavit may not be taken into consideration.

(3.) A case crime number was got registered upon report of Idrish, present Applicant No.1, against Opposite party no.2 and others for kidnapping and getting deed regarding his land executed on the basis of fraud and fabrication, wherein, investigation had resulted in submission of chargesheet. Name of Smt. Bhuriya, who is wife of Idrish, was got mutated in the revue record, but, upon protest and investigation of Idrish, same was got deleted. Idrish was rightful owner of the property in question and he had executed alienation deed in favour of vendee, duly witnessed by Amna and Haseen, i.e., there is no commission of offence against any of the applicants. This accusation was under abuse of process of law for which a proceeding, under Section 482 of Cr.P.C., being Application U/S 482 No.8416 of 2011, Idrish and others v. State of U.P. and another, was filed, wherein, vide order, dated 16.3.2011, an opportunity for filing of Discharge Application, before the Trial court, was given and for availing this opportunity, an application for discharge was moved before the Trial court, but, Trial court, in utter abuse of process of law, rejected same. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.