SUDAMA SINGH BACCHAN SINGH PREM PRAKASH ALIAS OM PRAKASH Vs. STATE OF U P STATION OFFICER HARIBANS SINGH AMTICA

JUDGEMENT

(1.) Instant application has been moved to quash the charge sheet No. 261 of 2002 filed under Section 419, 420, 467, 468, 471 I.P.C. in Criminal Case No. 484 of 2002, Harivansh Singh v. Shanker and four Ors., pending in the Court of Chief Judicial Magistrate, Kushinagar.

(2.) Heard Smt. Durga Tewari, learned counsel for the applicants Sudama Singh, Prem Prakash @ Om Prakash, Shree Kishun and Hari Shanker Lal and Sri Santosh Kumar, learned counsel for the complainant O. P. No. 3 Harivansh Singh and learned AGA for State of U. P. and have gone through the record.

(3.) The fact as revealed from the record is that O.P. No. 3 Harivansh Singh filed Civil Suit No., 100 of 2002, Harivansh v. Sampurnand and two Ors. in the Court of Civil Judge (Junior Division) Kushinagar, Padrauna, for cancellation of sale deed dated 28.12.2001 alleged to have been executed by Harivansh Singh in favour of Sampurnand, Dev Narayan and Onkar on the ground that Harivansh Singh has no son and has three daughters. Sampurnand and Dev Narain are sons of Shanker, nephew of Harivansh Singh. They have no concern with the land and in consolidation Harivansh Singh got plot Nos. 304 and 366 of village Harraiya Bujurg, Tappa Pakari, Pargana Harraiya, district Kushinagar. His brother Suraj Narain and Bachchan were allotted their chaks having no concern with Harivansh Singh. These two plots are sole source of living of Harivansh Singh but since Harivansh Singh has no son, therefore, his brothers and nephews wanted to usurp his property and with this intention they got a forged sale deed prepared alleged to have been executed by Harivansh Singh by setting up Bachchan, father of applicant No. 1, Sudama Singh as O.P. No. 3, Harivansh Singh. Later on Sampurnand, Dev Narain and Onkar, defendants of Civil Suit No. 100 of 2002, Harivansh Singh v. Sampurnand and Ors., filed another Civil Suit No. 114 of 2003, Sampurnanand and two Ors. v. Harivansh Singh and two Ors., in the Court of civil Judge (Junior Division), Kushinagar, Padrauna, making prayer that Harivansh singh, Sunil and Indrajeet be restrained from interfering with the possession over the land in dispute bearing plot Nos. 304 and 366 of village Harraiya Bujurg on which they came into possession by virtue of sale deed dated 28.2.2001, which was executed by Harivansh Singh in favour of Sampurnand, Dev Narain and Onkar after obtaining a consideration of Rs. 1,10,000/-. Thereafter the respondent No. 3 lodged FIR against applicants and again respondent No. 3 filed a complaint case in the Court of C.J.M. Kushinagar bearing Crime No. 742 of 2002, Harivansh Singh v. Shanker and 8 Ors., copy of which is Annexure No. 5 to the application. In the complaint name of Bachchan Singh has been included while in the FIR the name of Bachchan Singh does not find place. Therefore, a prayer has been made to quash the charge sheet of Criminal Case No. 484 of 2002 and to stay the further proceedings of the case.