DEEPAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manish Tiwary, learned counsel for the applicant, Sri Anil Kumar Singh, learned counsel for the opposite party no.2. By means of the present 482 application, the applicant has prayed for quashing the order dated 2.11.2012 passed in Case No.107 of 2012, Case Crime NO.285 of 2012, u/s 419, 420, 467, 468, 471, 506 IPC, P.S. Aurai, distsrict Sant Ravidas Nagar/Bhadohi and to direct the A.C.J.M., Bhadohi Gyanpur to direct the I.O. to have the specimen signatures of the first informant taken in Court and sent the same for analysis with the dispute signatures.

(2.) THE brief facts are that on 21.8.2012, the informant came to know that the applicant along with other co-accused persons had executed a sale-deed with respect to the plot no.314, 323, 317, 31Rs.8, 319, 320, 322, 315 and 316 Ka situated at Mauja Kathaura, P.S. Aurai, district Sant Ravi Das Nagar in his village and he went to the Tehsil Aurai and obtained a copy of Khatauni from his counsel and he came to know that on 15.6.2012, in a mutation proceedings, bearing case no.542 of 2012, the name of the applicant Deepak Singh has been mutated on the basis of forged and fictitious documents in the place of the informant namely Ashok Kumar Barnwal, opposite party no.2. Theinformant/opposite party no.2 thereafter filed restoration application against the order dated 15.6.2012 before the concerned authority and also obtained a certified copy of the sale deed from the Sub-Registrar Office which is said to have been executed on 5.5.2012 by the informant in favour of the applicant. The value of the property in question was to the tune of Rs.1,30,00,000/-. The informant did not know about the execution of the sale deed prior to 21.8.2012 and he apprehended that under some conspiracy, the applicant along with co-accused persons in order to grab his property with the help of officers/employees of the Sub-Registrar of the office, the alleged sale- deed dated 5.5.2012 has been fabricated by the accused persons by the purchaser along with the witnesses and the execution of the same has been made by producing an imposter. The informant stated that he has neither put his signatures nor he put his thumb impression on the sale-deed nor he executed the same and the informant was further threatened on several occasion and also apprehended danger to his family.

(3.) IT is further contended that the applicant has invested the huge amount to the tune of Rs.1,30,00,000/- in lieu of the property in dispute and also paid Rs.6,30,000/- as stamp duty being a bonafide purchaser of the agricultural land from the informant. The applicant neither manipulated anything nor obtained the land on the basis of forged and fictitious documents nor created any imposter in order to grab the land in dispute nor he is a land mafia. It is further submitted that during investigation, the I.O has not sent the actual signatures of the informant/opposite party no.2 Ashok Kumar and has sent the left thumb impression of some other persons in order to create false evidence against the applicant. He pointed out that the said thumb impression was not produced before any court nor any procedure has been followed up for taking thumb impression as has been provided under the law. Hence the applicant had moved an application on 8.10.2012 u/s 311 A Cr.P.C before the Magistrate with a prayer that the informant/opposite party no.2 be summoned in the court and his thumb impression and finger prints and signatures may be obtained before the Court and sent for it's examination to the authorised concerned handwriting expert/Vidhi Vigyan Prayogshala, which may be compared with the signatures and thumb impressions and finger print on the disputed document. Learned Magistrate rejected the said application of the applicant by passing the impugned order dated 2.11.2012 by misinterpreting and misreading the proviso of Section 311-A Cr.P.C. and made it applicable to complainant which is applicable to an accused, hence the same may be set- aside by this Court.