SAVITRI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) I have heard the learned counsel for the applicants and the learned AGA for the State and perused the papers filed along with the application.

(2.) This application seeks to quash the summoning order dated 27.8.2014 as well as proceedings of Complaint case no. 447 of 2014 (Harmun Tiwari Vs. Savitri Devi & others) u/s 419, 420 IPC, P. S. Tariya Sujan, District Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar.

(3.) It appears that the opposite party no. 2 has filed a criminal complaint on 22.3.2014 in the Court of the Chief Judicial Magistrate, Kushinagar against the applicants and three others contending that the predecessor-in-interest of applicants namely Shyam Sunder Tiwari had executed a registered sale deed on 3.8.1995 in favour of Smt. Prabhawati wife of opposite party no. 2 in respect of his 1/3rd share in Arazi no. 176 area 0.644 i. e. 0.215 hectare situated in village Jhadva and delivered possession and since then the O. P. no. 2 is in possession thereof as his wife had died. It was further alleged that the applicants and three others named in the complaint inspite of having knowledge of the above sale transaction, hatched conspiracy and in order to cause wrongful loss to complainant and wrongful gain to themselves, prepared a forged sale deed on 19.10.2012 and got it registered. After enquiry under Chapter XV Cr. P. C., the learned Magistrate vide order dated 27.8.2014 has taken cognizance against the applicants for the offence punishable u/s 419 and 420 IPC. However, the three others named in the complainant (the vendees) were not summoned.