LAWS(ALL)-2011-9-13

MARGOOB AHMAD LARI Vs. STATE OF U P

Decided On September 30, 2011
MARGOOB AHMAD LARI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri N.I. Jafri learned counsel for the applicants, Sri P.S. Pundir learned counsel for the complainant/opposite party No. 2 and the learned AGA and have taken through the record.

(2.) By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the further proceedings initiated pursuant to the charge-sheet vide case No. 2042 of 2006 under Sections 419/420/467/468/120B IPC arising out of Case Crime No. 296 of 2005, P.S. Salempur, District Deoria pending in the Court of Chief Judicial Magistrate Deoria.

(3.) The genesis of the case in a nut shell is that the applicants got a forged and fictitious Hibanama executed in their favour. On the basis of the forged and fictitious Hibanama, the applicant illegally took possession of the property in question. The First Information Report was lodged against the applicants by the opposite party No. 2. The same was challenged before Division Bench of this Court by means of Criminal Misc. Writ Petition No. 9782 of 2005 (Margoob Ahmad Lari and others v. State and others) and the Hon'ble Bench was pleased to pass interim order dated 21.9.2005 staying arrest of the petitioners till the submission of charge-sheet. The matter was investigated by the investigating officer and the investigating officer found clinching and credible evidence against the applicants on the basis of which charge-sheet was submitted as stated above.