SHUBH KARAN PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Diwakar Pratap Pandey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Rakesh Kumar Singh, learned counsel appearing on behalf of opposite party no. 2.

(2.) By means of present application u/s 482 Cr.P.C. the applicant has assailed the order dated 16.11.2018, passed by the Additional Chief Judicial Magistrate, Ambedkar Nagar in Crime No. 218 of 2013, under Sections 419, 420, 467, 468 I.P.C., Police Station - Bhiti, District - Ambedkar Nagar as well as order dated 03.09.2019, passed by the Sessions Judge, Ambedkar Nagar in Criminal Revision No. 95 of 2019 - Subhkaran Vs. State of U.P. and Another.

(3.) Brief facts of the case are that the applicant purchased 1/2 share of Gata No. 805, area 0.686 hectares, situated at Village - Chandapur, Tehsil - Bhiti, District - Ambedkar Nagar from one Ram Piyare S/o Ramkaran, resident of the applicant's village on 2nd July, 2003. Subsequent to the purchase of the said land, the applicant moved an application for mutation. On his application for mutation, the Revenue Authorities mutated the entire area of Gata No. 805 in favour of the applicant. In the meanwhile, earstwhile owner of the property - Ram Piyare, expired, leaving his son Vipin Kumar, who moved an application for rectification of the mistake and his application was allowed and the revenue authorities duly corrected the mistake committed earlier. Subsequently, it has also been stated that Vipin Kumar executed a sale deed of the remaining 1/2 area of Gata No. 805 in the name of applicant's sons namely Chintamani Pandey and Sheshmani Pandey. In the present case opposite party no. 2 is the complainant who lodged the first information report against the applicant on 09.09.2013, stating that the applicant had committed fraud in collusion with the revenue authorities and thereby the entire area of Gata No. 805 was mutated in favour of applicant. The complainant has stated that correct facts were deliberately concealed from the revenue authorities and therefore, first information report dated 09/10.09.2013, under Sections 419, 420, 467, 468 I.P.C., Police Station - Bhiti, District - Ambedkar Nagar was lodged. The Police investigated the matter wherein statements of the revenue authorities were also recorded alongwith the statement of the applicant as well as Sri Vipin Kumar - complainant (son of original owner of the land). The Police after investigation was of the opinion that no case is made out and submitted final report before the Court of Magistrate on 15th September, 2013. On 03.12.2014, an application was moved by Vipin Kumar before the Magistrate requesting to accept the report submitted by the Police while opposite party no. 2 moved a protest application on 22.06.2016.