ULLAH KHAN AND ANR. Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure of 1973 praying that the entire proceedings in case No. 1212 of 1968 (State of U.P. v. Mohd. Azhar Ullah Khan and others) pending in the Court of the Chief Judicial Magistrate, Moradabad, be quashed.

(2.) THE facts of the case, shorn of unnecessary details, are as follows :

(3.) AS already stated earlier, a copy of the charge -sheet by the police has been annexed with the petition as Annexure 12. It states that Petitioner no. 1 himself filed an appeal against the order dated 12th August, 1955 declaring house no. 49/D -10 to be an evacuee property. It is further suggested that when that appeal was dismissed, Petitioner no. 1 got another appeal filed against the same order through his sister which too ended in dismissal. The allegation contained in the charge -sheet thereafter is that the present Petitioner entered into a conspiracy with his daughter, Smt. Hajra Sultana and two others to prepare or got prepared a vakalatnama and a memo of appeal in the name of Najib Ullah Khan, who had migrated to Pakistan, to be able to assail the order of the Assistant Custodian dated 12th of August, 1955, in the name of Najib Ullah Khan. It is also contained in the charge -sheet that the signatures of Najib Ullah Khan on the Vakalatnama were forged and, according to the report of the hand -writing expert, it was Petitioner no. 2 who did that particular act and both the petitioners' thereby committed offences, punishable under Sections 120B, 465 and 471, IPC. It is further the prosecution case that by forging the Vakalatnama and the memo of appeal in the name of Najib Ullah Khan and by further representing that Petitioner no. 1 was an attorney of Najib Ullah Khan, the Petitioner no. 1 also, committed an offence under Section 120B read with Section 419 and 420, IPC, inasmuch as by doing that act, the Petitioners, and their associates induced the Deputy Custodian General to accept the memorandum of appeal and release the house in dispute and further, accepting Petitioner no. 1 to be the attorney of Najib Ullah Khan, permitted withdrawal of the deposits of rent in the office of the Assistant Custodian.