VITALA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the Applicant, learned counsel for opposite party no. 2 and learned AGA for the State.

(2.) This application under Sec. 482 Cr.P.C. has been filed by applicant for quashing the summoning order dtd. 5/5/2018 passed by Judicial Magistrate-II, Court No. 13, Basti as well as entire criminal proceeding of Complaint Case No. 733 of 2018 (Prema Devi Versus Bitala @ Patiraji and others), under Sec. 419, 420 I.P.C., Police Station Sonha, District Basti, pending in the court of Judicial Magistrate-II, Court No. 13, Basti.

(3.) It is submitted by learned counsel for the applicant that the applicant is the seller of the property in question where the sale deed was executed on 27/4/2010 by the applicant. It is submitted by learned counsel for the applicant that the applicant is claiming title to the property being the married daughter of one Chhedi Lal who was original owner of the property in question. It is submitted by learned counsel for the applicant that the name of the applicant was mutated in the revenue records and, thereafter, the sale deed was executed. He further submits that in respect of the property in dispute the claim of title to the property in question was also lodged by the complainant by means of a civil suit being Civil Suit No. 457 of 2010 which is pending consideration before the court concerned. Learned counsel for the applicant submits that the complainant is claiming title to the property in question on the basis of will.