SHASHI BALA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision under Section 397(1) read with 482 and 483 of Code of Criminal Procedure(hereinafter referred to as "Cr.P.C.") has been filed assailing order dated 27.10.2004 passed by Additional Chief Judicial Magistrate VIII, Ghaziabad summoning accused revisionist under Section 406, 420, 467, 468, 471, 120-B, 323, 342, 504, 506 IPC, Police Station Kotwali, pursuant to the charge sheet filed by Police against accused revisionist under aforesaid provisions.

(2.) Proceedings were initiated with the filing of FIR dated 22.1.2004, Case Crime No. 32 of 2004 under Section 406, 506, 420 IPC wherein informant Rajni Sharma stated that her husband Ramesh Kumar Sharma died on 13.8.2003 leaving two minor children, son Ashish (4 years) and daughter Prachi (3 years). Informant is residing with her in-laws. Deceased has left property,movable and immovable, including Honda City Car UP-14 J 4383, Santro car UP-14M 9010, a current account no.87604 in State Bank of India and a running business having office at C-54 Ramanuj Dayal Market Ramte Ram Road, Ghaziabad. Accused revisionists by making forged signatures had withdrawn Rs.30,000/- from account of deceased-husband of Informant and Honda City car has also been transferred by making forged signatures in the name of Tejendra Singh and they are illegally occupying property of Informant's husband and trying to usurp the same. Informant is maintaining herself and her children with the help of her father but when she asked for accounts and share of husband's property, revisionist accused gave threat of death, kidnapping and killing of children.

(3.) Pursuant to the aforesaid report, Police made investigation and submitted charge sheet after collecting evidence finding prima facie involvement of accused revisionist in commission of offences under provisions detailed above.