VIJAY SHANKAR PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manish Singh holding brief of Sri B.N. Pathak, learned counsel for the applicants; Sri D.R. Chaudhary, learned counsel for the informant; and learned AGA for the State.

(2.) By the present application u/s 482 Cr.P.C., the applicants have sought for quashing of the charge-sheet dated 24.4.2012 as also the consequential proceedings in pursuance thereof pending in the court of C.J.M., Mirzapur as Case No. 2731 of 2012 arising out of Case Crime No. 672 of 2011, P.S. Kotwali City, District Mirzapur, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C.

(3.) A perusal of the record reveals that Smt. Dharmdai wife of late Jai Shankar Pathak lodged a first information report at Police Station Kotwali City, District Mirzapur, on 12.12.2011, which was registered as Case Crime no. 672 of 2011. In the FIR, it has been alleged that on the death of informant's husband, the informant became owner of the immovable property (land situated at Mirzapur) left by her husband, through succession, and, as a result, her name got mutated in the revenue records. It has been alleged that her Dewar (husband's younger brother - Vijay Shankar Pathak - applicant no.1) set up an imposter lady to impersonate the informant and by such impersonation got a fabricated sale deed, of her land, executed in favour of other accused Manju Devi and Shambhu Nath (applicant nos. 2 and 3 respectively). It has been alleged that the accused persons knowing full well that the sale deed is forged and fabricated, used the same for mutation of their names in the revenue records, at Mirzapur.