SHAH ABDUL HAQ Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal revision under Sec. 397/401 Cr.P.C has been preferred against the order dtd. 7/5/2019 passed by the Special Additional Chief Judicial Magistrate (CBI) (AP), Lucknow in criminal Case No. 2229 of 2006 State Vs. Kawar Mahmood Lari and others rejecting the application of the revisionist under Sec. 239 Cr.P.C for their discharge from the above mentioned criminal case.

(2.) It is submitted by the learned counsel for the revisionist that the said Additional Chief Judicial Magistrate has utterly failed to apply its judicial mind in the matter and passed the impugned order in a very cursory manner. Apprising the fact, learned counsel for the revisionist submitted that the aforesaid FIR was lodged to the effect that the ascendants of late Mumtaz Ahmad Lari the father of first informant was carrying out plotting of plot No. 224 and 225 area 28206 sq. ft situated in village Iradatganj Sitapur Road Lucknow and transferred the same to different persons by different sale deeds including the revisionist who are shown as accused along with vendor thereof in the FIR. The first informant Musheer Ahmad Lari along with four other descendants of late Mumtaz Ahmad Lari filed civil suit for declaration against the vendors as well as the vendees in the court of Civil Judge (Senior Division), Malihabad, Lucknow which was contested by defendants. Preliminary issue was raised by the present revisionist under Order VII Rule 11 Civil Procedure Code (for short C.P.C.). The suit of the plaintiff was dismissed under Order VII Rule 11 C.P.C. Being aggrieved with the order of learnd Civil Judge (Senior Division) the informant preferred First Appeal bearing No. 55 of 2008 (Musheer Ahmad Lari and others Vs. Khawar Mahmood Lari and other)before this Court which is still pending consideration. Complainant lodged FIR against revisionist concurrent to civil proceedings.

(3.) After conducting investigation, charge-sheet has been filed against some of the accused in the Case Crime No. 2229 of 2006 under Ss. 420, 467, 468 and 471 IPC. The court took cognizance and summoned the accused persons. The above noted charge-sheet dtd. 20/9/2006 was filed against eight persons including the revisionist and other co-accused including Mohd. Khalid Khan s/o Nawab Ali Khan and Mohd. Tariq Khan s/o Salim Khan.