HEERAKALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamlesh Kumar Singh, learned counsel for the applicant, Sri Sanjay Kumar Dubey, learned counsel for the opposite party no. 2 and Sri G.P. Singh, learned A.G.A. for the State.

(2.) The present application has been filed with a prayer to quash the charge sheet no. 02 dated 21.10.2018 as well as its congnizance order dated 17.8.2019 in the Case No. 1100 of 2019, arising out of case crime no. 76 of 2018, under Sections 420 , 467 , 468 and 471 IPC, P.S. Fareedpur, District Bareilly.

(3.) In order to appreciate the argument, it would be appropriate to first give in brief the facts of the F.I.R., which has been lodged by the opposite party no. 2 against the applicants. She has mentioned in it that the opposite party no. 2 is the resident of Sarvoday Nagar, Kanpur Nagar. On 5.9.2016, she had purchased Gata No. 480 and 482, total area 0.2236 hectare from co-accused Kunwar Sen, resident of Village Rawal Kala Khurd, Tehsil Fareedpur, District Bareilly and the sale deed of the same was got executed on 5.9.2016. The mutation of the said land could not be done because of the consolidation proceedings going on, taking advantage of which co-accused Kunwar Sen and his son co-accused- Billu knowing full well that the said land had been sold to opposite party no. 2, sold the said land on 19.4.2017 to accused applicant no. 1, Heera Kali, and same was got registered also in Registrar Fareedpur's office. This fact was also in the knowledge of co-accused, Harish (accused-applicant no. 2), Ashok (accused-applicant no. 3), Pushp Lal (accused-applicant no. 4), who are sons of accused applicant no. 1, therefore co-accused Kunwar Sen after getting forged papers prepared in collusion with his wife, son Billu (co-accused), Heera Kali (accused-applicant no. 1), Harish (accused-applicant no. 2), Ashok (accused-applicant no. 3) and Pushp Lal (accused-applicant no. 4) got the said land sold to them through registered sale deed.