IRSHAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Mohd. Akbar Shah Alam Khan advocate appearing for O. P. No. 2 has filed his power today in Court, is taken on record.

(2.) The applicants have moved this application invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (in short 'the Code') with a prayer to quash the Complaint Case No. 73 of 2009 (Mohd. Ansar versus Irshad Khan and others) and further to quash the order dated 15.05.2011 issuing process against the applicants under Section 204 of the Code, having taken cognizance of the offences under Sections 379, 323, 504 and 506 I.P.C.

(3.) The facts of the case in brief are that the applicant no. 1 is the tenant on behalf of the opposite party no. 2 (the landlord). Some tenancy dispute arose between them. The opposite party no. 2 refused to accept the rent, therefore, the applicant no. 1 started depositing the rent under Section 30(1) of U.P. Act no. 13 of 1972. The opposite party No. 2 preferred revision against the order of the prescribed authority under U.P. Act no. 13 of 1972. The revisional court, however, dismissed the revision on merits. The landlord (opposite party no. 2), thereafter, moved an application dated 12.06.2008 under Section 156 (3) of the Code, before the Judicial Magistrate-I, Allahabad, alleging therein that on 30.05.2008 the applicant no. 1 along with his wife applicant no. 2, two sons applicant nos. 3 and 4 and his daughter the applicant no. 5 had stolen Rs. 10,000/- cash and other house holds as mentioned in the application.