AJIT KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed praying for quashing of the supplementary charge-sheet dtd. 28/8/2016 and summoning order dtd. 28/9/2016 in Case Crime No. 203 of 2014, under Ss. 420, 467, 468, 471 IPC, Police Station Juhi and District Kanpur Nagar alongwith entire proceedings of the case.

(2.) An FIR was lodged by opposite party no.2 on 2/6/2014 before police station alleging that she is living in U.S.A. for last 11 years. The applicant, Ajit Kumar Gupta and co-accused, Narendra Kumar Singh and Kanhaiya Gupta, have occupied her house situated in Anandpuri, Transport Nagar, Kanpur, with the help of gangsters . It was further alleged that accused persons have fabricated documents to justify their illegal occupation. Her mother never signed any document in their favour and her signatures have been digitally created. The aforesaid FIR was registered after a letter was sent to the Chief Minister of the State by the opposite party no.2 from United State of America.

(3.) Learned counsel for the applicant submits that after investigation charge-sheet no. 38/16 dtd. 27/5/2016 was submitted by the police only against co-accused, Narendra Kumar Singh and the applicant was exonerated. At the behest of co-accused, further investigation was conducted by the police and supplementary charge-sheet No. 38-A/16 dtd. 28/8/2016 was filed before the Additional Chief Metropolitan Magistrate, Court No.2/Additional Judge, Kanpur Nagar, who took cognizance of the same on 28/9/2016 and summoned the applicant. In the disputed house, co-accused, Narendra Kumar Singh, is in possession on the basis of an agreement to sell dtd. 31/5/2004 executed by mother of opposite party no.2. The name of the applicant is mentioned in the agreement in block letters without any signature, purportedly as a witness of the agreement. Civil dispute is pending between the mother of the opposite party no.2 and co-accused, Narendra Kumar Singh. In the supplementary charge-sheet, the applicant has been charge-sheeted solely on the basis of the statement of co-accused, Narendra Kumar Singh and supplementary charge-sheet was submitted against him. The court below has summoned the applicant on its basis.