KRISHAN MURARISAXENA Vs. STATE

JUDGEMENT

(1.) Heard Mr. Kunwar Mridul Rakesh, learned Senior Advocate assisted by Mr. Rajesh Chandra Mishra, learned Counsel for the Petitioners and Mr. Sajjad Husain, learned Counsel for the Respondent No. 2 as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The Petitioners have challenged the proceeding of Criminal Case No. 392 of 2010, pending before the court of Additional Chief Judicial Magistrate (C.B.I.), Ayodhya Prakran, Lucknow as well as the charge sheet filed therein and also the summoning order issued by the court concerned.

(3.) The Petitioners case is that one Ahetsham Ali, who was Zamindar of Saleh Nagar, Pargana Bijnore, Tehsil and District Lucknow granted patta in faovur of late Smt. Bhagwati Devi Saxena, on 12th of March, 1947. The Petitioners are sons of Smt. Bhagwati Devi Saxena. Since she was living in her in-laws house in Madhya Pradesh, when on 25th of January, 1996 she came and inspected the revenue record, she found that her name was not recorded in the revenue record. Then she filed a regular suit under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act for declaring her as a tenure holder of the land in dispute. Two witnesses, namely, Jamuna Prasad and Tribhuwan Nath Shukla through their statement supported her case, but the suit was dismissed on the point of maintainability. She filed an appeal before the Additional Commissioner. The Additional Commissioner allowed her appeal by means of order dated 17th of May, 1997 and ordered for recording her name in the revenue record, pursuant to which her name was incorporated in Khatauni of 1402-07 Fasali and Kisan Bahi was also prepared in her name.