SUBHASH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri N.I. Zafri, learned Senior Counsel, assisted by Shri Gaurav Pundir, learned counsel for the applicants, Shri S.K. Mishra, learned counsel for the complainant and learned Additional Advocate General, assisted by Shri J.K. Upadhyay, learned A.G.A. for the Staterespondent.

(2.) Succinctly, the crux of the allegations are that the complainant's father had four shops in his name bearing no.7/11, 7/1, 7/2, 7/8, and his mother had two shops in her name bearing No. 7/11 and 7/4, respectively, situated at Ramganj, Sarai Hakeem Bannaderi, District Aligarh. Petitioner no. 3, who is the elder brother of the complainant's father, in connivance with other applicants, executed two forged power of attorneys dtd. 6/4/2023 in which, apparently, Amita Rani- the mother of complainant, authorized Gaurav and his wife Priyanka to execute the sale-deed and appoint advocate, and to take care of the demised property for and on her behalf, and Pradeep Kumar - the father of complainant, authorized Subhash Chandra, his younger brother to execute the sale deed and appoint advocate, and to take care of the demised property for and on his behalf, besides, other allegations of restraining, abusing and causing threat to life and property of the complainant.

(3.) Based on the aforesaid facts, learned Additional Chief Judicial Magistrate, vide order dtd. 10/1/2024 directed S.H.O. P.S. Civil Lines Aligarh to register the FIR against the applicants and consequent thereupon, FIR bearing no. 8/2024, under Ss. 420, 467, 468, 471, 341, 504, 506 I.P.C. was registered against; (i) Gaurav S/o Subhash Chandra, (ii) Priyanka W/o Gaurav, (iii) Subhash Chandra S/o Late Shri Krishan Murari Lal, (iv) Saurabh S/o Subhash Chandra, (v) Ankur S/o Subhash Chandra, (vi) Richa W/o Suarabh, and, (vii) Priya W/o Ankur, all resident of Ramghat Road, Mahuwa Kheda, Aligarh at Police Station Civil Lines, District Aligarh.