(1.) HEARD learned counsel for the applicants, learned counsel appearing for opposite party No. 2 and learned Additional Government Advocate representing the State.
(2.) THIS application has been filed for challenging an order dated 28.2.2005, passed by the Chief Judicial Magistrate, Court No. 17, Deoria whereby the learned Magistrate took cognizance against the applicants in Case No. 640 of 2005, under Sections 420/467/468/471, I.P.C., police station Kotwali Deoria, district Deoria and for quashing the criminal proceedings in pursuance thereof. Factual Background :
(3.) OPPOSITE party No. 2 filed a protest petition against the said final report wherein he reiterated the facts of the case mentioned in the application under Section 156 (3) of the Code. He also pointed out in the protest petition that he had learnt that Megh Nath Gupta had forged his signature and shown a sale of the Jeep in question in favour of Saraswati Devi and on the basis of the forged documents he had even succeeded in getting the vehicle released in her favour. It was further mentioned that even prior to the lodging of the F.I.R. on the basis of the order of the Chief Judicial Magistrate dated 18.8.2001, he had moved an application before the A.R.T.O., Deoria that the vehicle should not be transferred without his consent to another party. After the order of the A.R.T.O., Gorakhpur dated 3.2.2000 transferring the vehicle in favour of Smt. Saraswati Devi and rejecting the O.P. No. 2's objections on 18.1.02 he had filed an appeal before the Deputy Transport Commissioner, Varanasi Division to get the handwriting of opposite party No. 2 analysed. The Deputy Transport Commissioner by his order dated 2.7.02 had found that the O.P. 2's signature was forged and had set aside the sale letter in favour of Saraswati Devi and had again entered the names of Vindhyacal Prasad Gupta, opposite party No. 2 and Megh Nath Gupta, applicant No. 1 as owners of the vehicle. However, the police took no action on this fraud in spite of the said order.
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