PANNA LAL Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. to quash the charge-sheet dated 18. 9. 2007 on the basis of which Criminal Case No. 1245 IX of 2007, State v. Panna Lal and others, has been registered against the accused applicants under Sections 420, 467, 468, 471, 120-B, I. P. C. in the Court of Additional Chief Judicial Magistrate-l, Mathura and the order dated 24. 9. 2007 where by the Presiding Officerof the Court has taken cognizance against the accused persons in that case.

(2.) BEFORE dealing with the respective case of the parties it will be useful to go through their pedigree. There were two brothers Nand Kumar and Bigha Ram. Nand Kumar nad two sons named Prasadi and Ram Kishore. Ram Kishore had no issue. Prasadi had three sons named Panna Lal, Ram Babu and Rajkumar who are applicants No. 1, 2 and 3 in the present case. Nand Kumar's brother Bigha Ram had three sons named Jagan Prasad, Devi Prasad and Gaya Prasad. Gaya Prasad did not have any male issue and he had one daughter only named Brahma Devi. Devi Prasad also had no issue. Jagan Prasad had a son named Mahesh Chand.

(3.) CRIMINAL Revision No. 335 05 was allowed by the Additional Sessions Judge Court No. 9, Mathura vide judgment dated 31. 10. 05 and the order of the learned Magistrate dated 7. 6. 05 passed on the protest petition treating the same to be a complaint was set aside. CRIMINAL Revision No, 526 of 2005 was also allowed by the same Judge on the same date and the order of dismissal of the complaint was set aside. In compliance of the aforesaid orders, the learned Magistrate again heard the complainant, on the final report submitted by the police, and he rejected the final report vide his order dated 7. 7. 07, and directed the concerned Station Officer to get the matter further investigated and to submit the report.