BHONU PATEL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard earned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

(2.) This application U/s 482 Cr.P.C. has been filed to quash the order dtd. 2/2/2022 passed by Chief Judicial Magistrate, Varanasi in Case No. 1982 of 2021 (Bhonu Patel Vs. Ramnagina Yadav and others). By the impugned order the learned Magistrate has treated the application U/s 156(3) Cr.P.C. moved by the applicant as a complaint case.

(3.) The averments made in the application are that the plot no. 125, 175, 176, 179, 180, 183, 257 total area 1.94 acre situated in village Shahpur, Pargana Katehar, Tehsil and District Varanasi are the ancestral property of the applicant and his uncle Shyamlal son of late Sitaram. Both applicant and his uncle were cultivating on the aforesaid land for about 35 years. After the death of his uncle applicant was continuously cultivating the aforesaid plots up till now. After the death of Sitaram name of the both daughters namely Smt. Sajni and Smt. Mankeshri were mutated on the aforesaid land without any order of the competent authority with the collusion of the Lekhpal concern and name of late Shyamlal was not mutated in respect of the aforesaid land. When this fact came into the knowledge of Shyamlal, uncle of the applicant then he filed a suit under Sec. 229-B U.P.Z.A. and L.R. Act in the year 1987 before the concerned Sub Divisional Officer but the same was dismissed against which the appeal was filed before the Commissioner, Varanasi Division, Varanasi the same was also dismissed then against the same second appeal was filed before the Board of Revenue which is still pending and interim stay order has been granted. During the continuance of the stay order granted in the aforesaid second appeal Smt. Sajni and Smt. Mankeshri executed a registered sale deed in the year 1993 in favour of Ramlal, Shyamlal, Rajendra, Mahendra all sons of Khaderan Shahu, resident of Panihari. Uncle of the applicant namely late Shyamlal executed a registered will deed on 3/4/1998 in favour of the applicant in respect of the aforesaid land. During the pendency of the aforesaid case O.P. No. 7 got a registered sale deed dtd. 25/5/2012 executed by Ramlal, Shyamlal, Rajendra, Mahendra all sons of Khaderan Shahu in favour of his wife Smt. Ranjita Yadav O.P. No.8 and his mother late Kalawati Devi and O.P. No. 9 got the sale deed executed in the name of his wife Suman Singh O.P. No. 10 in respect of the aforesaid plots in collusion with O.P. Nos. 11 and 12 and their names had also been mutated in the aforesaid plots. Thereafter by order dtd. 30/7/2015 passed by additional Sub divisional Officer Sadar, Varanasi name of the wife of O.P. No. 7 Smt. Ranita Yadav and his mother namely Kalawati Devi and O.P. No. 8 and wife of O.P. No. 9 Smt. Suman Singh and O.P. No. 10 were deleted from the revenue record in respect of the aforesaid plots. O.P. No. 7 namely Guru Prasad Yadav filed a Revision No. 2097 of 2015 (Smt. Kalawati Devi and others Vs. Shyam Lal and others) against the order dtd. 30/7/2015 in the Hon'be Board of Revenue U.P. at Lucknow, which is still pending. The uncle of the applicant namely Shyamlal died on 23/12/2016. The O.P. No. 2 namely Ramnagina Yadav is retired police officer. Despite knowing the fact that the name of Smt. Ranjita Yadav O.P. No. 8 and his mother-in-law namely Kalawati Devi have been deleted from the revenue record in respect of the aforesaid land and case is pending in Board of Revenue, O.P. No. 2 to 10 got a registered sale deed executed on 28/10/2015 in the name of Smt. Asrafi Devi wife of O.P. No. 2 with intention to cause unlawful loss to the applicant. On the basis of the aforesaid registered sale deed dtd. 28/10/2015 O.P. No. 2 to 6 filed a mutation proceedings in the competent court but the same was rejected on 19/5/2016 ex-parte against which a restoration application was filed but the same was also dismissed on 5/3/2020. The aforesaid order has already been recorded in the Khatauni of the aforesaid plots. O.P. Nos. 2 to 11 by playing fraud got the registered sale deed dtd. 28/10/2015 the same is clear from the aforesaid facts. On 23/7/2021 at about 4:00 p.m. O.P. No. 2 taking the advantage of his being related to the police department, in collusion with some peoples of P.S. Chaubepur came along with O.P. Nos. 3 to 12 and 10-15 unknown persons at plot nos. 179, 180, 183, 257 with intention to take possession of the land and to cultivate the same and on making of the objection by the applicant O.P. Nos. 2 to 12 and 10-15 unknown persons started abusing the applicant by using filthy words and also started beating him then on hearing the alarm of the applicant, his son and other people came on the spot and save the applicant and thereafter opposite parties run away from there saying the applicant not to come near the land otherwise they will kill him and buried him in the land in dispute and his dead body could not be traced.