HARI KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

(2.) The instant application for leave to appeal has been filed by the complainant under Section 378(4) Cr.P.C. against the judgment and order dated 17.10.2014 passed by Second Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Kairana, Muzaffarnagar in Complaint Case No.424/9 of 2013, whereby the court below acquitted the respondents 2 and 3 of the offences punishable under Sections 417 and 419 IPC.

(3.) A complaint was filed by the complainant against Janardan Swaroop and Pravesh Kumar Mittal alleging that complainant's mother (Chamni Devi) died on 28.12.2008 leaving three sons, namely, Janardan Swaroop, Raj Kumar and the complainant (Hari Kishan). On her death, against plot Nos.2537 and 3637, name of her sons was recorded in form PA 11 vide order dated 06.01.2009. It has been alleged that Janardan Swaroop, thereafter, set up a Will, alleged to have been executed by Chamni Devi, seeking mutation in his favour. On the aforesaid application for mutation, a case No.344 of 2010 was registered in the Court of Tehsildar, Kairana. It is alleged that the summons issued by the Mutation Court were served by the process server on Pravesh Kumar Mittal (the nephew of the complainant) and, on the basis of said service of summons, mutation order was obtained by Janardan Swaroop. The complaint was filed alleging that Pravesh Kumar Mittal received the summons claiming himself to be nephew of the complainant even though he was not authorized to receive the summons and, therefore, he is guilty of an offence punishable under Sections 417 and 419 IPC inasmuch as he helped his father in obtaining ex parte order of mutation in his favour.