RAJESH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. for quashing the proceedings of Criminal Case No. 179 of 2006, state v. Ramakant and others, under Sections 419, 420, 468, 471, I. P. C. P. S. Madhuban District Mau.

(2.) THE facts relevant for disposal of this application are that Shiv Narain Singh resident of Kunwarpur P. S. Tahsil Madhuban District Mau moved an application before the S. P. Mau on 18. 3. 2006 with these allegations that in pursuance of a conspiracy of the village Panchayatadhikari, Lekhpal and 11 members of the village, Jugal Kishore was shown to have died on 14. 6. 2004 though he was alive on that date and his entire property was mutated in the name of Ramakant Singh. Jugal Kishore had sold a part of that property to Smt. Renu Singh on 12. 8. 2002, and for the remaining land he had executed a registered sale deed in favour of the children of Shiv Narain Singh on 25. 8. 2004. When the matter was got investigated by the District Magistrate through the S. D. M. Madhuban, 15 persons were found guilty including the applicant Rajesh Kumar Srivastava and thereafter the S. D. M. suspended the Lekhpal Rajesh Kumar Srivastava. THE name of the accused who were involved in the commission of the aforesaid offence were Rajesh Srivastava (Lekhpal), Sudarshan Singh, Jagdish Yadav, Pushpalok Misra, Naga Maurya, Ramakant Singh, Nidhumati Singh, Nathu Singh, Vidya Devi, Enulhaq Ahmad, Ram Parikha Prasad, Radheyshyam Barai, Afti, Dayawanti and Vijayi Yadav. It was, therefore, prayed that action should be taken against the accused persons.

(3.) HEARD the learned Counsel for the parties and perused the record.