KRISHNA MOHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 Cr.P.C. has been filed on behalf of revisionists against the summoning order dtd. 7/6/2022 passed by Judicial Magistrate-IIIrd, Gorakhpur in Complaint Case No.147428 of 2021 (Gulab Shankar Singh vs. Krishna Mohan Singh & others), by which revisionists were summoned under Ss. 307 & 392 IPC.

(2.) Brief facts of the case are that the father of opposite party No.2 had executed a will deed on 9/12/2014 in favour of opposite party no.2. The brother of opposite party no.2 namely Kripa Shanker Singh had filed a suit for cancellation of will deed which was registered as Case No.1464 of 2016. The application under Order 39 Rule 1 & 2 CPC filed for interim injunction was rejected by the learned trial court vide order dtd. 17/1/2018. The brother of opposite party No.2 had challenged the order dtd. 17/1/2018 by filing Misc. Appeal No. 14 of 2018 and the lower appellate court vide order dtd. 26/2/2019 was pleased to set aside the order dtd. 17/1/2018 and directed the parties to maintain status quo in respect of suit property.

(3.) It is further noted that there was dispute regarding ancestral property in between opposite party no.2 and his brother Kripa Shanker Singh and several litigations are going on. Kripa Shanker Singh had lodged an FIR against opposite party No.2 and his son Udai Shanker Singh @ Udai Bhan Singh in Police Station Campierganj, District Gorakhpur which was registered as Case Crime No. 342 of 2015 under Ss. 380, 427, 504, 506, 120B IPC. The Investigating Officer after due investigation has submitted charge sheet against opposite party No.2 and his son. The revisionist Nos. 1, 3 and 4 are witnesses of prosecution in the charge-sheet submitted by the Investigating Officer. The revisionist no.2 is aged about 80 years and was working at the agricultural land of revisionist no.1.