USMAN ALI Vs. STATE OF U P

JUDGEMENT

(1.) AJAI Kumar Singh, J. This is an application under Section 482, Cr. P. C. for quashing the orders dated 22-1-2005 and 24-3- 2003 passed by Sub-Divisional Magistrate, Badaun in criminal case No. 93 of 2003 under Section 145, Cr. P. C. and also for quashing the entire said criminal proceedings.

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

(3.) THE opposite party No. 2 has filed counter-affidavit denying the allegations of the applicants. Though it has been admitted by opposite party No. 2 that he and Vinay Pal Singh are brothers but it has been alleged by him that the father of the opposite party No. 2 had executed will of his entire agricultural property on 31-1-1991 in his favour and in pursuant thereof his name has been mutated in revenue records vide order dated 14-4-1996 of the Tehsildar. It has been also alleged that the applicants filed an appeal before the S. D. M. against the same, which was dismissed on 28-9-1998. Against it applicants filed a revision before the Commissioner, Bareilly, which was dismissed on 5-8-1999. It has been further alleged by opposite party No. 2 that his brother Vinay Pal Singh has got no share in the said agricultural land of his father and in return cash and jewellery was given to him. It has also been alleged that Vinay Pal Singh started residing in his father in law's house after his marriage in the year 1987, due to which the father of opposite party No. 2 executed the will of the said land in favour of opposite party No. 2. It has been further alleged that the alleged sale-deed dated 21-12-1995 in favour of the applicants is a forged deed. It has been also contended on behalf of opposite party No. 2 that the aforesaid orders of S. D. M. , Badaun passed under Sections 145 (1), 145 (8) and 146 (1), Cr. P. C. were earlier challenged by the applicants by way of filing revision before the Sessions Judge which was dismissed vide order dated 7-3- 2000 by Additional Sessions Judge, Court No. 9, Badaun and Criminal Misc. Application under Section 482, Cr. P. C. filed before this Court against the said order of Additional Sessions Judge was also dismissed vide order dated 23-1-2002 and these orders of S. D. M. , Badaun have become final and cannot now be challenged again before this Court. On this basis it has been contended on behalf of the opposite party No. 2 that order dated 17-4-2002, 7-3-2003 and subsequent orders passed by S. D. M. , Badaun are just and legal and need no interference.