KARAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Counter affidavit has been filed and the same is taken on record. Heard learned counsel for the revisionists, learned counsel for the opposite party no. 2 and learned A.G.A. for the State are present.

(2.) Instant criminal revision has been preferred against judgment and order dtd. 3/1/2023 passed by learned Judicial Magistrate-Ist, Hapur in Crl. Case No. 670 of 2022 (State Vs. Karan Singh and others), arising out of Case Crime No. 29 of 2022, under Ss. 420, 406 IPC, P.S. Babugarh, District Hapur, whereby discharge application moved by the revisionist accused has been dismissed.

(3.) Factual matrix of the case are that opposite party no. 2 lodged an F.I.R. with P.S. concerned on 20/1/2022 against revisionists with averment that informant is a senior citizen and physically disabled person. He is Bhumidhar of Khasra No. 955, Area 0.2530 hectare agricultural land which he had purchased for earning livelihood for his family. His co-villager Karan Singh s/o Chhidda Singh asked him to be a witness in a gift deed which was to be executed by him in favour of his daughter-in-law Monika Tyagi and the informant conceded to be a witness of proposed gift deed, however, on 21/8/2019 when he reached at Sub-Registrar Officer, Hapur, accused persons had got him intoxicated by administering him liquor and made him to sign a sale deed with regard to said agricultural land in collusion with Amarpal (revisionist no. 3). Informant came to know about this fraudulent deed when he got a copy of the same from Sub-Registrar Office. No consideration passed in respect of said sale deed and cheques which were described at the foot of sale deed belong to account of Karan Singh but the amount of cheques was not deposited in said account. In fact, no consideration passed between the vendor and vendee in respect of said sale deed.