INDU DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Rajesh Narain Srivastava, learned counsel for the applicants, Sri Anil Kumar Aditya, learned counsel for the opposite party no. 2 and Sri Pankaj Kumar Rai, brief holder for the State. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 1087 of 2018 (State Vs. Rajendra @ Rajan Pandey and others) arising out of Case Crime No. 55 of 2015, under Ss. 419, 420, 467, 468, 471, 504, 506 of I.P.C., Police Station- Bhelupur, District Varanasi, as well as non-bailable warrant dtd. 16/5/2024 pending in the court of Additional Chief Judicial Magistrate, Court No. 3 Varanasi.

(2.) Learned Senior Counsel for the applicants submits that the first information report dtd. 17/2/2015 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that applicant no. 1 is a purchaser of the land by sale deed dtd. 3/11/2011. The real owner of the property had executed a sale-deed in favour of the first informant in the year of 1977. It is further submitted that a civil suit being Original Civil Suit No. 86 of 2015 (Indu Devi Vs. Madhu Rai) for permanent prohibitory injunction is pending between the parties. It is further submitted that the first informant converted a civil dispute into a criminal case.

(3.) Prima facie, matter requires consideration.