MOHD AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. Smt. Saroj Bhargava O. P. No. 2 filed criminal complaint No. 3367/90 under Section 420/419/120-B I. P. C. , P. S. Aminabad in the Court of Chief Judicial Magistrate, Lucknow on 20-11-1990 against the petitioner, Prem Kishore Bhargava, Kanhaiya Lal Taridon and Pooran Chandra Tendon, alleging that her husband late Dr. Rameshwar Prasad Bhar gava was Registrar of Homeopathic Board and used to reside as a tenant in H. No. 102/39,14-B, Shiaji Marg, Lucknow. One Late Gopal Das Tandon was its owner and on his death Smt. Dhanno Bibi who was brother's wife of Gopal Das Tandon, became the owner. In the year 1939 Smt. Dhanno Bibi executed a sale-deed of the said house in favour of Late Dr. Ramesh war Prasad Bhargava and since then O. P. No. 2 has been owner in possession of the same. Sri Prem Kishore Bhargava is the son of the elder brother of husband of the complainant. Kanhaiya Lal Tandon, Pooran Chandra Tandon, and Smt. Sarswati Devi w/o Late Kishan Chandra Tandon executed a sale-deed on 30- 12-1965 in favour of Prem Shanker Bhargava who in turn on 6-1-1984 executed a sale deed for Rs. 4,00,000 in favour of the petitioner. It was further alleged in the complaint that neither Kanhaiya Lal Tandon and Pooran Chandra Tandon had any right to execute any sale-deed in favour of Prem Kishore Bhargava nor the latter had any right to execute sale-deed in favour of the petitioner and they committed a fraud on the complainant by executing the said sale-deeds.

(2.) THE complainant examined herself under Section 200 Cr. P. C. One Mazahir Hussain was also examined under Section 202 Cr. P. C. Learned Magistrate by means of his order dated 4-2-1993 summoned the petitioner. Prem Kishore Bhargava, Kan haiya Lal Tandon and Pooran Chandra Tandon under Section 120-B, 467 and 419 I. P. C. against which this petition under-Section 482, Cr. P. C. has been preferred seeking quashing of criminal complaint as well as of the summoning order.