PREMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The factual matrix of the case as emerges from the pleading of the parties is that on 24.04.2013 the petitioner, Smt. Prema Devi, who alleges herself to be the owner of 1360 Sq ft. of land of Arazi No. 153 situated at Mauza Bharlai, Pargana Shivpur, Tehsil and District Varanasi lodged a First Information Report against respondent nos. 7 to 14 under sections 147, 148, 149, 427, 504, 506, 352, 354, 419, 420, 467, 468, 471 & 120-B IPC at Police Station Shivpur, District Varanasi. As per the said FIR, on coming to know that the boundry wall constructed by the petitioner over the plot of land mentioned above was being demolished by the accused persons, the petitioner reached the spot where she was assaulted and her modesty was outraged. It was alleged by the petitioner that the respondents no. 12 & 13 had executed two agreements to sale with respect to same Arazi No. 153 (including the land of the petitioner) one in favour of respondents no. 8, 9 & 11 and the other in favour of respondent no. 14 and as such in view of the averments made in the FIR the respondents no. 7 to 14 had committed forgery. The said case was registered as case crime no. 89 of 2013. The matter was being investigated by the local police.

(2.) Smt. Seema Prem Singh - private opposite party no. 8 and Smt. Neelam Rao - private respondent no. 11 preferred a Criminal Writ Petition No. 8135 of 2013, Seema Prem Singh & Anr. versus State of U.P. & Ors. before this Court for quashing the FIR dated 24.04.2013 in Case Crime No. 89 of 2013. The said writ petition was disposed of by this Court on 09.05.2013 with a direction to the petitioners of the said writ petition to appear before the court concerned within thirteen days and apply for bail.

(3.) After having failed to successfully challenge the FIR dated 24.04.2013, Smt. Neelam Rao is alleged to have made a representation to the Chief Minister, U.P. in which she stated that for a fair investigation in case crime no. 60 of 2013, 80 of 2013 and 89 of 2013, pending against her and her husband, the investigation be ordered to be conducted by Crime Branch, Crime Investigation Department (CB-CID).