DINESH KUMAR SRIVASTAVA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Raj Kumar Sharma, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.

(2.) Present application under Sec. 482 Cr.P.C. has been filed for quashing the summoning order dtd. 1/2/2013 passed by the Chief Judicial Magistrate, Jaunpur in Case No.380 of 2012 arising out of Case Crime No 559 of 2012, under Ss. 419, 420, 467, 468, 471 IPC, Police Station Machhali Shahar, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur.

(3.) Contention of learned counsel for the applicant is that the applicant was deed writer of sale deed executed by Jahra Devi, who executed a sale deed in favour of Chandra Devi claiming herself daughter of deceased Algoo, who was elder brother of father of opposite party no.2. It is further submitted that on the basis of succession, name of Jahra Devi mutated in the revenue record in place of Algoo. Thereafter being a legal heir and daughter of Algoo, she executed a sale deed dtd. 2/7/2011 in favour of Chandra Devi. On the basis of aforesaid sale deed, name of Chandra Devi was also recorded in revenue record. Against that order, an objection was filed by the opposite party no.2 which was rejected and name of Chandra Devi was mutated in the revenue record and the sale deed executed by Jahra Devi was found to be valid. Though this order was challenged by the opposite party no.2 but no interim order was granted.