JAGDAMBA @ LAJWANTI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition under section 482 Cr.P.C., the petitioners have prayed for quashing the order dated 20.4.2013 passed by the learned Judicial Magistrate -1, Sitapur in Misc. Case No. 676 of 2010, Ram Dayal Vs. State (Annexure No. 6 to this petition) and also the order dated 6.6.2013 passed by Sessions Judge, Sitapur in Criminal Revision No. NIL of 2013 (Smt. Jagdamaba Devi and others Vs. State of U.P. and another), whereby the criminal revision has been dismissed at admission stage affirming the order dated 20.4.2013 passed by the Judicial Magistrate -1, Sitapur (Annexure no. 7 to this petition).

(2.) BRIEF facts for deciding the petition are that one Jhingur was head of the family, who had two sons, namely; Bhagwant and Guda. According to the petitioner Guda has one daughter; namely; Smt. Jagdamba. Bhagwant has four sons - Gangu, Dwarika, Bharosey, and Jagannath. It is alleged that vide order dated 27.11.1981 passed by the Consolidation Officer (Consolidation), the name of Smt. Jagdamba being daughter of Guda was recorded in the revenue records. This order was not challenged by any of the parties before any forum, but two suits -one by Smt. Jagdamba and another by sons of Bhagwant were filed for declaration of right in respect of the property in dispute including Gata Nos. 1128/11,1154/0 -61,1219/1 -57,1215/0 -70,1168/0 -23,1206/0 -80 and 167/0 -36 situate in village Akarbarpur Revan. Both these suits were decided by a common judgment by the Assistant Collector -1st Sidhauli on 25.7.1997, whereby Smt. Jagdamba Devi daughter of Guda wife of Chhatrapal, resident of Bhigpur,Pargana -Godalamau has been declared to be the owner of property in question and name of gram samaj recorded in the revenue records be deleted (Annexure no. 10 to this petition). The order date 25.7.1997 was challenged in Appeal bearing no. 379/97 -98 under section 331 of U.P. Z.A. and L.R. Act before the Additional Commissioner (Judicial ), Lucknow Division, Lucknow, which was dismissed vide order dated 31.3.2011 (Annexure no. 18 to this petition). During the pendency of the said appeal Smt. Jagdamba petitioner no. 1 executed a sale deed in favour of petitioner no. 2 Smt. Gudia on 6.4.2009. An FIR in this respect has been lodged with the help of section 156 (3) of Cr.P.C. by Ram Dayal son of Dwarika that wife of Chhatrapal namely Lajwanti by impersonation and representing herself to be the daughter of Guda namely Smt. Jagdamba executed four sale deeds in favour of Smt. Gudia petitioner no. 2. After lodging the FIR under sections 420,467,468,471 and 506 IPC against Smt. Lajwanti , Smt. Gudia, Sone, and Mauku a final report was submitted by the police after investigation. The learned Judicial Magistrate, Sitapur on protest petition vide order dated 3.11.2010 referred the matter for further investigation. The police again submitted final report, but again on protest petition the final report was rejected and reinvestigation was ordered in light of the protest petition filed by the informant Ram Dayal by the Magistrate vide order dated 31.1.2012. The said order was challenged in criminal revision bearing no. 29 of 2012 by Smt. Jagdamba Devi alias Lajwanti and others before the District and Sessions Judge, Sitapur. The revisional court set aside the order dated 31.1.2012 vide its order dated 8.5.2012 on the ground that learned Magistrate has no authority to order for reinvestigation and remanded the matter to the learned Magistrate to pass appropriate order (Annexure no. 5 to this petition). Thereafter the Judicial Magistrate -1, Sitapur vide impugned order dated 20.4.2013 partly allowed the protest petition dated 17.9.2011 rejecting the final report dated 15.5.2001 with direction to SHO, Sidhauli for further investigation in the matter. Aggrieved by the said order accused petitioners again filed Criminal Revision bearing no. NIL of 2013 before the Sessions Judge, Sitapur, who dismissed the same vide order dated 6.6.2013 (Annexure n. 7 to this petition). Thereafter being dissatisfied with these orders, the petitioners filed the present petition under section 482 Cr.P.C.

(3.) IT is also important to mention here that petitioners also filed a writ petition bearing no. 4383 of 2010 (M/B) challenging the FIR in question. This court vide order dated 12.5.2010 stayed the arrest of the petitioners till filing of the chargesheet or till any credible and cogent evidence is collected against them in case crime n. 106 of 21010, under sections 420,467,468 and 471 , 506 IPC P.S. Sidhauli, District Sitapur subject to rider that the petitioners of that writ petition will cooperate with investigation ( Annexure No. 8 to this petition).