VIDYAWATI WIDOW OF LATE MARMESHWARI LAL RAJ KUMAR Vs. STATE OF U P AND RAM BILAS ALIAS RAM NIWAS RAGHUNANDAN PRASAD

JUDGEMENT

(1.) The application has been filed by the applicants under Section 482 Cr.P.C. to quash the charge sheet dated 21.8.2004, the order dated 8.2.2005 passed by Addl. Chief Judicial Magistrate Court no. 1 Bareilly in Criminal Case no. 446 of 2005 pertaining to crime no. 258 of 2004 under Sections 406, 420, 467, 468, 471 IPC, P.S. Pharidpur, District Bareilly and a further prayer has been made to stay the proceedings of the case.

(2.) I have heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A and perused the record.

(3.) Applicants case is that their predecessor in interest Panneshwari Lal was recorded Bhumidhar of Khata No. 108 consisting of plot no. 100,250,308 and 310 situate in village Kharagpur, District Bareilly and after the death of Parmeshwari Lal the names of the applicants were mutated. Parmeshwari Lal had taken five biswas of Gaon Sabha land of plot no. 309 on lease and five biswas land was given in the name of Smt. Vidyawati, widow of Parmeshwari Lal on 25.11.1969. This land was given for construction of house and is situate adjacent to the applicants agricultural plot no. 308 and 310. Smt. Ganga Dei @ Chitta widow of late Raghunandan Prasad without having any title and possession illegally and malafidely executed the sale deed dated 27.8.2002 in favour of one Ram Singh son of Mahesh Lal of village Kharagpur in respect of 100 Sq. yards of plot no. 310 belonging to the applicants. Intentionally she did not mention the plot number in the sale deed. Ram Singh is son of Mahesh Lal a retired Police Inspector and his brother Suresh Sahu is an advocate and they are powerful and influential persons and on the basis of alleged sale deed, Ram Singh filed a suit for permanent injunction against Parmeshwari Lal on 5.9.2002. Thereafter, in order to harass Parmeshwari Lal and his sons a criminal complaint dated 9.10.2002 was filed by Ram Singh and it was registered as criminal case no. 2553 of 2002. Ram Singh in order to harass the applicants also illegally cut Seesham, Jamun and Neem trees belonging to the applicants but the Police did not register their case. Smt. Vidyawati was beaten by Ram Singh and others and she got herself medically examined. The applicants also filed a civil suit for permanent injunction in respect of 10 Biswas land of plot no. 309 taken on lease from Gaon Sabha. Suresh Sahu, Ram Singh and Mahesh Lal apprehending that the applicants will get interim injunction order in the civil suit, got filed an F.I.R. dated 3.6.2004 through Ram Vilas son of Raghunandan Prasad and Smt. Ganga Dei who is opposite party no. 2. The applicants filed a writ petition for quashing of the F.I.R. and their arrest was stayed during investigation. Now the charge sheet has been submitted after investigation and the learned A.C.J.M., Court no. 2 has summoned the applicants to face the Trial vide impugned order dated 8.2.2005.