PREM PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Bhupendra Pal Singh, learned counsel for the applicant at length and Sri S.S. Sachan, the learned A.G.A, who appears for the State/ O.P. no.1.

(2.) This is an application under Sec. 482 of Criminal Procedure Code, 1973 (hereinafter referred to as 'CrPC') preferred by the applicants for quashing the entire proceedings in Case No. 41 of 2019, (State vs. Ram Pal and another) under Ss. 420, 467, 468, 471, 323, 506, 120-B IPC, arising out of Case Crime No. 164 of 2018, P.S. Pahasu, District Bulandshahr as well as Charge-sheet dtd. 6/12/2018 submitted by the Investigating Officer against the applicant under Sec. 120-B IPC as well as cognizance order dtd. 13/3/2019 issued therein, pending before Civil Judge (J.D.) (J.M.) Khurja, Bulandshahr.

(3.) Learned counsel for the applicant has argued that a first information report has been lodged by one Smt. Malti Devi / complainant, widow of late Ramotar against Ram Lakhan and Rishi Pal purported to be under Ss. 420, 467, 468, 471, 323, 506 IPC being FIR No. 0164 on 7/6/2018 relatable to the commission of offence that for a piece of land, which belong to the husband of the complainant and also to the complainant, the accused named in the FIR itself impersonated and thereafter, after providing incorrect facts regarding the factum of the death of the complainant got the land transferred and mutated in their name and so far as the role so sought to be assigned to the applicant, which emanated to the filing of the present applicant relates to the fact that the applicant even testified the fact that the complainant had died on the basis of the document so produced by it. Learned counsel for the applicant has further argued that the only role which has been assigned to the applicant can be with regard to the fact that the applicant had corroborated the fact and had also portrayed the same before the concerned authority that the complainant had died and the same cannot partake the criminal act. In nutshell, argument is that the provisions contained under Sec. 120-B IPC do not stand attracted.