KAZIM MEHNDI Vs. ZUBEDA BEGUM

JUDGEMENT

(1.) Heard Sri Vijay Kumar Pandey, learned counsel for the applicant- petitioner, Sri Anil Kumar Sharma and Bajhul Quamar Siddiqui for opposite parties, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material placed on record.

(2.) Instant application has been filed with prayer to quash the order dtd. 6/3/2018 passed by Judicial Magistrate, Court No.2, Sitapur in a Criminal Case No. 6395 of 2017, Smt. Zubeda Begum, versus Kazim Mehndi, and further prayed to stay the operation and implementation of impugned order dtd. 6/3/2018 passed by Judicial Magistrate, Court No.2, Sitapur in a Criminal Case No. 6395 of 2017, Smt. Zubeda Begum, versus Kazim Mehndi.

(3.) Learned counsel appearing for the applicant submits that the factual matrix of the case is that on 15/4/1990, on the basis of an application of the petitioner moved before Nagar Palika Parishad, Mehmudabad, Sitapur, an inquiry was made with respect to the death certificate which was issued to the petitioner regarding the death of Taqi Hussan wherein the date of death of Taqi Hussain was shown 2/4/1993. He further added that it is an admitted fact that daughter of Raja Hussain is admittedly died on 6/4/2007 and the Tehsildar under certain misconception and while misreading the provisions of Sec. 171 and 172 of U.P.Z.A and L.R. Act has presumed as Taqi Hussain as successor who was not alive on the date of death of Kaniz Raja thereafter, the applicant-petitioner filed a case under Sec. 210 of U.P.Z.A and L.R. Act, against the order of Tehsildar dtd. 27/1/2015 thereby, agitating the issue that the succession which was open on the date of death of Kaniz Raza i.e. on 7/4/2007, on that point of time Taqi Hussain was not alive. Therefore, the present applicant being sister's son admittedly was alive on the death of Kaniz Hassan and thus, being the nearest heir, learned appellate court allowed the appeal and set aside the order passed by the Tehsildar dtd. 27/1/2015 and against the same, a revision was filed which was also dismissed on 7/9/2015 by the revisional court and thereafter, on 26/5/2015, a claim of Mutation has also been raised. He added that in between the death certificate which was issued in collusion with the ex- chairman of Nagar Palika Parishad, was got cancelled and against the same the present applicant has instituted the writ petition before this Court which is pending consideration. He added that since the present applicant are the nearest heirs of the deceased Kaniz Raja and therefore, there was no occasion to submit any forged or fabricated death certificate in his favour. He further added that in fact it is a dispute which is purely of civil in nature and several set of litigations are pending between the parties and this can only be decided after the issue is finally decided which is pending consideration at different stages.