JWALA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two applications in Criminal Misc. Application No. 5283 of 1983 filed by Jwala Prasad, Assistant Registrar Kanoongo, and Criminal Misc. Application No. 5282 of 1983, filed by Netra Pal Sharma, Lekhpal, Tahsil Atrauli, District Aligarh, under Section 482 of the Code of Criminal Procedure, 1973, (for short the Code), for quashing the charge sheet and the proceedings under Sections 120- B, 466, 468, 471 and 218, I.P.C. pending against them along with other accused in the Court of Additional Chief Judicial Magistrate, Aligarh. As both these applications involve similar questions, it is convenient to dispose them of together. The applications of Jwala Prasad, however, would be the leading application.

(2.) The facts of the, case are that on 15-12-1973 two Parwanas Amaldaramad in duplicate were alleged to be issued by the Sub-Divisional Officer, Atrauli, Distt. Aligarh (vide Annexures 1 and 2), by which the name of the Gaon Sabha was to be expunged from Plot No. 264/1, (area 10 bighas) and Plot No. 266/1 (area 4 bighas) and the names of Ram Murti Singh, Raj Kumar Singh and Khacheru Singh, sons of Kamal Singh were ordered to be recorded over Plot No. 264/1, whereas one Nagpal Singh was to be recorded over Plot No.266/i. One Indra Dutt Gaur, Revenue, Clerk of the Sub-Divisional Officer, Sri B.P. Suraj Kumar, Mathur, sent these two Parwanas Amaldaramads to the Tahsildar, Atrauli, Distt. Aligarh for compliance, which was received in the office of the Tahsildar and thereafter it was received in the office of Sri Prem Prakash Govil, Naib Tahsildar, who directed the Registrar Kancongo to comply with the directions in the Amaldaramad and to return the same. The Lekhpal, Netra Pal Sharma on 14-1-1974 incorporated the Amaldaramad in the Khatauni which was attested by Sri Jwala Prasad, Sub-Divisional Officer, Atrauli (Annexure-4) The matter was initially investigated by the local police and later on it was handed over to the C.I.D., which has submitted charge sheets against the present applications and others. A copy of it e charge sheet has been filed as Annexure-5 to the present application. Later on charges have been framed against the applicants under the aforesaid Sections. A True copy of the same has been filed as Annexure-6.

(3.) Against the charge sheet and the charges framed, the present applications have been filed with a prayer that the charge sheet and the charges may be quashed as no offence has been made out on the basis of either the F.I.R. or form the contents of the charge sheet.